What is the standard of review for a motion seeking a new trial?

California, United States of America


The following excerpt is from Grobeson v. City of Los Angeles, 110 Fair Empl.Prac.Cas. (BNA) 1706, 118 Cal.Rptr.3d 798, 190 Cal.App.4th 778 (Cal. App. 2011):

We begin with the standard of review. "Upon appellate review of an order granting a new trial, 'all intendments are in favor of the action taken by the lower court [and] the affidavits in behalf of the prevailing party are deemed not only to establish the facts directly stated therein, but all facts reasonably inferred from those stated.' [Citation.]" ( Weathers v. Kaiser Foundation Hospitals, supra, 5 Cal.3d 98, 106, 95 Cal.Rptr. 516, 485 P.2d 1132.) " 'When an issue is tried on affidavits ... and where there is a substantial conflict in the facts stated, a determination of the controverted facts by the trial court will not be disturbed.' [Citations.]" ( Id. at p. 108, 95 Cal.Rptr. 516, 485 P.2d 1132.)

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