California, United States of America
The following excerpt is from Cohen v. Sterling, B247899 (Cal. App. 2015):
Code of Civil Procedure section 629 provides, "The court, before the expiration of its power to rule on a motion for a new trial, either of its own motion, after five days' notice, or on motion of a party against whom a verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made." We apply the following standard of review of the order partially granting judgment notwithstanding the verdict: "The rules applicable to judgments notwithstanding the verdict for defendant are well settled[.] . . . Such a motion may be granted, properly, only when, disregarding the conflicting evidence, and indulging in every legitimate inference in favor of the plaintiff, the result is a determination that there is no evidence of substantial nature to support the verdict. The trial court, on such motion, is not permitted to weigh the evidence, and on an appeal from the judgment entered on the granting of such a motion, the appellate court must read the record in the light most advantageous to the plaintiff, resolve all conflicts in his favor, and give him the benefit of all reasonable inferences in support of the judgment." (Quintal v. Laurel
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