What are the elements of a motion requiring a jury to determine whether a motion is valid or invalid?
California, United States of America
The following excerpt is from Santa Clara County v. Ogata, 240 Cal.App.2d 262, 49 Cal.Rptr. 397 (Cal. App. 1966):
It is our further opinion that these three elements present questions of fact which the trial court properly left for the jury to determine (City of Stockton v. Vote, 76 Cal.App. 369, 407, 244 P. 609; City of Pasadena v. Union Trust Co., 138 Cal.App. 21, 27, 31 P.2d 463.)
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