What is the test for appellate review of an order granting a new trial?

California, United States of America


The following excerpt is from Jones v. Sieve, 203 Cal.App.3d 359, 249 Cal.Rptr. 821 (Cal. App. 1988):

"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 (1971) 5 Cal.3d 98, 106, 95 Cal.Rptr. 516, 485 P.2d 1132.) Moreover, " 'it is well [established] that the granting of a motion for a new trial rests so completely within the discretion of the trial judge that an appellate court will not interfere with his action unless a manifest and unmistakable abuse of discretion clearly appears. [Citations.]' [Citation.]" ( Id. at p. 109, 95 Cal.Rptr. 516, 485 P.2d 1132.)

From our review of the record we find no abuse of discretion regarding the

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