What is the test for a judge to make an order in a personal injury case?

California, United States of America


The following excerpt is from Van Zee v. Bayview Hardware Store, 268 Cal.App.2d 351, 74 Cal.Rptr. 21 (Cal. App. 1968):

In Mercer v. Perez, 68 A.C. 102, 114, 65 Cal.Rptr. 315, 322, 436 P.2d 315, 322 it was held that 'if the ground relied upon is 'insufficiency of the evidence' the judge must briefly recite the respects in which he finds the evidence to be legally inadequate; no other construction is consonant with the conclusive presumption on appeal that the order was made 'only for the reasons specified.' Phrasing the requirement in terms of the codification of the trial judge's power in the second paragraph of the amendments (Stats. 1965, ch. 1749, p. 3922), such an order must briefly identify the portion of the record which convinces the judge 'that the court or jury clearly should have reached a different verdict or decision.'

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