What is the test for a motion for a new trial on the grounds of excessive damages?

California, United States of America


The following excerpt is from Corenbaum v. Lampkin, 156 Cal.Rptr.3d 347, 215 Cal.App.4th 1308 (Cal. App. 2013):

A trial court ruling on a new trial motion may grant a new trial on the ground of excessive damages only if after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision. (Code Civ. Proc., 657.) On appeal from a judgment after the denial of a new trial motion, we can reverse the judgment based on excessive punitive damages only if, viewing the entire record in the light most favorable to the judgment and considering the three factors discussed above, we conclude as a matter of law that the award is excessive or is the result of passion or prejudice. ( Neal v. Farmers Ins. Exchange, supra, 21 Cal.3d at pp. 927928, 148 Cal.Rptr. 389, 582 P.2d 980.)

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