What is the test for determining whether a motion for a new trial is granted in part?

California, United States of America


The following excerpt is from Dakota Payphone, LLC v. Alcaraz, 11 Cal. Daily Op. Serv. 1684, 121 Cal.Rptr.3d 435, 192 Cal.App.4th 493, 2011 Daily Journal D.A.R. 19 (Cal. App. 2011):

That is not the end of the discussion however. The simple fact that the trial court stated that it was granting the motion for a new trial in part does not mean that is, in essence, what the trial court did. " 'The true measure of *503 an order ... is not an isolated phrase appearing therein, but its effect when considered as a whole. [Citations.]' " ( Concerned Citizens Coalition of Stockton v. City of Stockton (2005) 128 Cal.App.4th 70, 77, 26 Cal.Rptr.3d 735.)

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