Motion Types Legal Issues

What is a Motion for a New Trial?

“A motion for new trial is a creature of statute....” (Neal v. Montgomery Elevator Co. (1992) 7 Cal. App. 4th 1194, 1198.) A movant must satisfy Code of Civil Procedure sections 657 and 659. Under Code of Civil Procedure section 657, a motion for new trial may be granted if there is any:

  1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial.
  2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors.
  3. Accident or surprise, which ordinary prudence could not have guarded against.
  4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial.
  5. Excessive or inadequate damages.
  6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law.
  7. Error in law, occurring at the trial and excepted to by the party making the application.

(Code Civ. Proc., § 657.)

“A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless 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.)

“The judge is not permitted to substitute his judgment for that of the jury on the question of damages unless it appears from the record the jury verdict was improper.” (Bigboy v. County of San Diego (1984) 154 Cal.App.3d 397, 406.)

Most Useful Motion for a New Trial Examples

Recent Examples of Motion for a New Trial

1-25 of 500 results

SILVIA GUTIERREZ VS ADIDAS AMERICA INC

[TENTATIVE] ORDER RE: MOTION TO COMPEL COMPLIANCE WITH SUBPOENA; MOTION TO CONTINUE TRIAL On November 26, 2015, plaintiff Silvia Gutierrez (“Plaintiff”) was allegedly struck by a mannequin in one of Defendant’s stores. Plaintiff alleges serious injuries including traumatic brain injury. P...

...third party had no notice of the motion to compel, let alone personal serve as required by the Rules of Court. Accordingly, the motion is DENIED. Motion to Continue Trial Defendant moves to continue trial from April 16, 2020 for 180 days in order to serve its Cross-Complaint against Vertex Hong Kong Corporation, Ltd. (“VHK”). The Cross-Complaint is currently out for service via the Hague Convention but...

  • Hearing

    Feb 21, 2020

JESUS A RAMIREZ GONZALEZ VS ERIC SYLAN LEE ET AL

[TENTATIVE] ORDER RE: MOTION TO CONTINUE TRIAL On March 14, 2018, plaintiff Jesus A. Ramirez-Gonzales filed this action against defendants Eric Dylan Lee and Excel Trucking Services, Inc. (collectively, “Defendants”) for injuries sustained in a M...

...documents. The subpoenaed third parties responded that they have no records for Plaintiff. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an...

  • Hearing

    Feb 21, 2020

REGENCY LAND DEVELOPMENT LLC ET AL VS JEWISH EDUCATIONAL MOV

Plaintiff David Perry’s counsel, Claude Rostamain (“Counsel”), moves to be relieved as counsel of record for Plaintiff David Perry (“Client”). Counsel filed the instant motion to be relieved as counsel on February 13, 2020. Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 pursuant to CRC Rule 3.1362. Couns...

...confirm Client’s current address. Counsel should explain in a supplemental declaration whether the address at which he personally served Client -- 780 N. San Vicente Blvd., West Hollywood, CA 90069 – is a new current address for Client. If not, Counsel should explain whether the 100 N. Doheny Drive Unit 205, Los Angeles, CA 90048 address is the last known address, serve a copy of all moving papers and his ...

  • Hearing

    Feb 21, 2020

PATRICIA D'EGIDIO VS SOUTH COAST COMMERCIAL ELECTRIC, INC., ET AL.

patricia d’egidio, Plaintiff, v. south coast commercial electric, inc., et al., Defendants. Case No.: 19BBCV00316 Hearing Date: February 21, 2020 [TENTATIVE] order RE: demurrer; motion to strike BACKGROUND A. Allegations of the Operative Complaint Plaintiff Patricia D’Egidio (“Plaintiff”) alleges that she was hired by Defendant South Coast Commercial Electric, Inc. (“SCCE”) and h...

...accurate itemized wage statements (Labor Code, §226); (8) wrongful discharge; (9) harassment (CCP §527.6(b)(3)); and (10) retaliation (Labor Code, §1102.5 et seq.) B. Relevant Background and Demurrer/Motion to Strike on Calendar The FAC was filed on May 28, 2019 and alleged causes of action for: (1) negligence; (2) unfair business practices in violation of Business & Professions Code, §17200; (3) race d...

  • Hearing

    Feb 21, 2020

ILAN BITTON VS TYLER THORNTON, ET AL.

...action. Defendants’ demurrer is SUSTAINED without leave to amend as to the second cause of action. Plaintiff’s request for sanctions is DENIED. BACKGROUND: This case concerns the breach of an agreement to form a new business entity for the marketing and sale of non-psychotropic cannabidiol-based products (“CBD Products”). On October 9, 2019, Plaintiff Ilan Bitton commenced this action and then on December 18, 20...

...Thornton and Sunfire’s agreement to contribute the CBD Products business then being run through Defendant Sunfire to the new business, and provide Plaintiff with forty percent (40%) ownership in such new business, and equal management authority and audit rights.” (FAC, ¶ 24.) Plaintiff alleges that he “agreed to invest a total of $500,000 into a new business entity to be formed (i.e. “NewCo”), in exch...

  • Hearing

    Feb 21, 2020

CALIFORNIA MANUFACTURERS AND TECHNOLOGY ASSOCIATION VS. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

...February 21, 2020, as originally scheduled. Should a hearing be requested, it will be held on March 13, 2020 at 1:30 p.m. If this date is not agreeable to the parties, they may contact the clerk to obtain a new hearing date. INTRODUCTION Petitioner California Manufacturers and Technology Association (“CMTA”) challenges a decision by Respondent Office of Env...

...reviewed PHGs “shall be revised . . . as necessary based upon the availability of new scientific data.” (§ 116365, subd. (e)(1).) In 2011, OEHHA released a draft “technical support document” proposing a new PHG of 1 ppb – a significant reduction from the then-current PHG of 6 ppb. (AR 1362-1521.) The draft document was prepared by OEHHA staff scientist Craig Steinmaus, MD, MPH. (AR 1362.) Durin...

  • Hearing

    Feb 21, 2020

CITY OF AZUSA VS RICAHRD FRANCIS HALL

...February 21, 2020 NOTICE: OK RE: City of Azusa vs Richard Francis Hall, et al. (KC069803) ______________________________________________________________________________ Non-party/Receiver Mark Adams’s Motion for Discharge of Receiver, Exoneration of Surety, and Order Directing Repayment of Fees and Costs Responding Party: Plaintiff City of Azusa; Defendant Provident Funding Associates, L.P.; Defendant Mo...

...will, at the time of the December 5, 2019 hearing, set a briefing schedule for the Receiver to file a final report and accounting, as well as for any oppositions thereto, and for Plaintiff to file a costs motion (12/2/2019 Minute Order, p. 3.) Adams now moves to be discharged as receiver, and submits a final accounting. CRC Rule 3.1184 requires a receiver to submit a final report and account to obtain a di...

  • Hearing

    Feb 21, 2020

CARRIEN QIAN HE, AN INDIVIDUAL VS JAY MIN CHEN, AN INDIVIDUAL, ET AL.

...OK RE: He v. Chen, et al. (19PSCV00181) ______________________________________________________________________________ MOTION TO BE RELIEVED AS COUNSEL Responding Party: None Tentative Ruling The motion to be relieved as counsel is GRANTED, conditional upon Counsel filing a proposed order (Form MC-053). Background On August 20, 2019, Plaintiffs Yiming Chen, Helen Liu, Yan Yan, Peiyu Chen, Dingzhi C...

...General Denial to the complaint. On October 9, 2019, Defendants Shanqing Medical, Inc., TCMUSA Medical, Inc., and Jasmin Garden, Inc. filed a General Denial to the complaint. Counsel for Defendants filed a motion to be relieved as counsel on January 16, 2020. A Case Management Conference is set for February 21, 2020. Legal Standard California Code of Civil Procedure Section 284 states that an attorney in an...

  • Hearing

    Feb 21, 2020

NORTHRIDGE FOODS, INC VS. WKS RESTAURANT CORPORATION

Motion for Continuance of Trial filed by Defendant WKS Restaurant Corporation: A party seeking a continuance of the date set for trial must make the request by noticed motion or ex parte application “as soon as reasonably practical once the necessity for the continuance is discovered.” CRC 3.1332(b). The Court may grant a request for...

...material evidence despite diligent efforts, the addition of new parties, the court’s calendar and the impact of granting a continuance on other pending trials, whether trial counsel is engaged in another trial, and any other fact or circumstance relevant to the fair determination of the motion or application. CRC 3.1332(c) and (d). Defendant initially sought the trial continuance because it needed documents...

  • Hearing

    Feb 20, 2020

STRATEGIC FUNDING SOURCE, INC., A NEW YORK CORPORATION VS VANESSA ESPARZA, ET AL.

...Inc.’s motion to amend the judgment is GRANTED. Plaintiff and Judgment Creditor Strategic Funding Source, Inc. (“Plaintiff”) moves to amend the judgment pursuant to Code of Civil Procedure section 187. Trial courts are permitted to modify or amend judgments as prescribed by statute. (Worth v. Asiatic Transpacific, Inc. (1979) 93 Cal.App.3d 849, 856; McCellan v. Northridge Park Townhomes Owners Ass’n, Inc....

...to litigate. (Toho-Towa Co., Ltd. V. Morgan Creek Productions, Inc. (2013) 217 Cal.App.4th 1096, 1106.) This is done to satisfy due process concerns of imposing liability on the new defendant without trial. (Ibid.) The general rule is that a court may amend its judgment at any time so that the judgment will properly designate the real defendants. (Dow Jones Co., Inc., supra, 151 Cal.App.3d at 148-149.) ...

  • Hearing

    Feb 20, 2020

MARK P. P. IKE, TRUSTEE OF MARK PAUL IKE TRUST, U/D/T 6/24/95 VS TRICOLOR AUTO GROUP, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

19STCV16750 IKE vs TRICOLOR AUTO GROUP, LLC Plaintiff’s Motion for Leave to Amend Complaint TENTATIVE RULING: The motion is GRANTED. Plaintiff may file an amended complaint within 10 days. Defendants’ request for judicial notice is GRANTED. (Evid. Code § 452(c), (d).) However, the Court will not take judicial notice of...

...great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial where the adverse party will not be prejudiced.”].) Pursuant to CRC 3.1324(a), a motion to amend must: (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered; and (2) state what allegations are proposed to be deleted from or added to the previou...

  • Hearing

    Feb 20, 2020

RUTH CHIRON VS HYUNDAI MOTOR AMERICA, A CALIFORNIA CORPORATION, ET AL.

...(18PSCV00128) ______________________________________________________________________________ Plaintiff Ruth Chiron’s MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Responding Party: Defendants Hyundai Motor America and Glendora Hyundai Tentative Ruling Plaintiff Ruth Chiron’s Motion for Leave to File Second Amended Complaint is GRANTED. Background Plaintiff Ruth Chiron (“Plaintiff”) alleges that the 2013 Hyundai Elantra, VIN 5NPDH4AE2D199444 (“subject vehicle”) she purchased fr...

...Magnuson-Moss Warranty Act On July 29, 2019, the court sustained HMA’s demurrer to the first and fourth causes of action in the FAC, without leave to amend. The Final Status Conference is set for June 15, 2020. Trial is set for June 23, 2020. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading…” (CCP § 473(a)(1); and see § 576 [“Any jud...

  • Hearing

    Feb 20, 2020

KAREN VELIE V. CHARLES TENBORG, CEC ECO SOLUTIONS, INC.

...complaint in late October 2019, and filed an answer on November 25, 2019. Defendants have now filed a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16 (Anti-SLAPP), as well as two motions for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7. Plaintiff opposes all three motions. Defendants’ Special Motion to Strike Legal Standard “A cause of action against a perso...

...any act of that person in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (Code Civ. Proc., § 425.16(b)(1).) This section is ...

  • Hearing

    Feb 20, 2020

CITY OF COMPTON V. MACIAS GINI & O'CONNELL LLP

...City of Compton moves to continue the May 4, 2020 trial date in this case and all related pretrial dates. For good cause shown, Plaintiff’s unopposed motion is granted and the court orders as follows: 1. Trial is continued to December 7, 2020 at 9:00 a.m. in Department C13. The December 7, 2020 trial date is a firm trial date. All parties should proceed with the expectation that, absent other resolution, th...

...Mandatory Settlement Conference is continued to November 13, 2020 at 8:30 a.m. in Department C13. 3. All pretrial deadlines, including deadlines for discovery and motions, shall correspond to the new trial date. 4. All counsel are ordered to obtain promptly a copy of Department C13’s Policies and Procedures, available on the Orange County Superior Court public website, to familiarize themselves with the...

  • Hearing

    Feb 20, 2020

RANDY HALL V. DARREN CRAIG DORSEY, SR., ET AL.

...Answer TENTATIVE RULING Defendant DARREN CRAIG DORSEY, SR. (“DARREN,” so as to distinguish him from Defendant RHONDA COLE DORSEY) moves to amend his answer filed in this action on April 24, 2019. The trial court may, in its discretion, allow amendments to pleadings “in furtherance of justice.” (Code Civ. Proc. § 473, subd. (a)(1).) The court has wide discretion here but repeatedly restated policy encour...

...Cal.App.3d 1045, 1048.) DARREN asks to replace his form answer denying each of Plaintiff’s causes of action and alleging one affirmative defense about false claims made to secure a restraining order with a new answer generally denying Plaintiff’s causes of action but now including fifteen affirmative defenses, including self-defense and consent to mutual combat. This amendment causes Plaintiff no prejudice....

  • Hearing

    Feb 20, 2020

BENJAMIN GRIGOROVICH, ET AL. VS PROVIDENCE HOLY CROSS SURGERY CENTER, ET AL.

...al. AFTER REVIEW OF THE FILE, THE COURT MAKES THE FOLLOWING ORDER: Department 29 of the Personal Injury Court has determined that the above-entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented. AT THE DIRECTION OF DEPARTMENT 1: This case is hereby reassigned and transferred to the NORTH VALLEY District, the Honorable STEPHEN P. PFAHLE...

...signed and filed on 02/19/2020 and incorporated herein by reference. Any pending motions or hearings, including trial or status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar Court. (NOTE: All hearings currently set in Department 29 of the Spring Street Courthouse are taken off calendar subject to being reset and notified by the receiving co...

  • Hearing

    Feb 20, 2020

UNIQUE HOMES BY CASPIAN INC VS ERI KROH ET AL

SUBJECT: Motion to Amend Judgment Moving Party: Defendant/Cross-Complainants Eri Kroh and 1400 Linda Flora Associates, LLC Responding Party: Amir Babak Mirdamadi Kroh/1400’s motion to amend judgment is DENIED. BACKGROUND: On December 18, 2015, Plaintiff Unique Homes by Caspian, Inc. (“Unique”) commenced this action against Defendants Eri Kroh and Hankey Capital, LLC for (1) br...

...fourth, and fifth causes of action of Unique’s complaint. On March 7, 2016, the Court granted 1400’s motion to expunge the mechanic’s lien and lis pendens. On May 16, 2016, the Court denied Unique’s motion for reconsideration of the order expunging the lis pendens. On July 14, 2016, dismissal was entered for Kroh and Hankey Capital LLC as to the sixth cause of action. On September 7, 2016, the Court d...

  • Hearing

    Feb 20, 2020

LLEJ LLC VS F & O MELROSER PLACE INC

...LA TROPEZINE BAKERY, Plaintiff, vs. F&O MELROSE PLACE, INC. dba FIG & OLIVE RESTAURANTS, et al. Defendants. CASE NO.: BC699493 [TENTATIVE] ORDER RE: DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT; MOTION TO STRIKE Date: February 20, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant F&O Melrose Place, Inc. dba Fig & Olive Restaurants RESPONDING PARTY: Plaintiff LLEJ, LLC The Court has conside...

...Plaintiff and Defendant that would have allowed Plaintiff to operate a bakery within Defendant’s restaurant. Defendant filed a demurrer to all the causes of action in the SAC. Defendant also filed a motion to strike portions of the SAC. MEET AND CONFER The meet and confer requirement has been met. DEMURRER “A demurrer tests the sufficiency of a complaint as a matter of law.” (Durell v. Sharp Healthc...

  • Hearing

    Feb 20, 2020

STELLA OSAKWE VS JOSEPH BABALOLA

...(18STCV06913) DEFENDANT/CROSS-COMPLAINANT’S COUNSEL’S MOTION TO BE RELIEVED AS COUNSEL (filed 12/30/19) TENTATIVE RULING DENY. Counsel cites California Rules of Professional Conduct, “Rule 3-700 (B) (1) (A)&(D)” as the basis for the motion. (MC-052, § 2.) However, counsel cites to non-existent sections of the CRPC, which makes the basis for his withdrawal uncertain. Rule 3-700(B) lists reasons for an attorney’s mandatory withdrawal from...

...alone. Further, as the hearing on this motion is only four days before the final status conference in the present action on 2/24/2020, which itself is only two weeks before the beginning of the scheduled trial on 3/9/2020, and there is no indication that Defendant/Client has obtained new counsel, there is a likelihood that Client will be unduly prejudiced by counsel’s withdrawal at this stage of proceedings...

  • Hearing

    Feb 20, 2020

WIBERG V. JOHNSON

...ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 19 February 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER GRANTING MOTION OF PLAINTIFFS TO DEEM REQUESTS FOR ADMISSIONS TO BE ADMITTED; COMPELLING DEFENDANTS TO RESPOND TO WRITTEN INTERROGATORIES, DOCUMENT PRODUCTION AND ORDERING GARY JOHNSON AND CONNIE BLUCK TO APPEAR FOR ...

...action for breach of contract; breach of fiduciary duties; failure to provide information; conversion; and declaratory judgment. The complaint alleges that in 2015, defendant Johnson sought to launch a new distribution company, HoD (Hydrogen on Demand) Pros. He turned to Plaintiffs Wiberg and Triode to help set up, organize and guide HoD Pros, to leverage Plaintiffs’ contacts and experience to attract f...

  • Hearing

    Feb 20, 2020

JAMES LEWALLEN, ET AL. VS DOES 1-100

James Lewallen, et al. v. Does 1 through 100 PLAINTIFFS’ MOTION TO COMPEL DEPOSITION OF THIRD-PARTY WITNESS AXIALL CORPORATION AS SUCCESSOR-IN-INTEREST TO SPECTRA-TONE PAINT AND PRODUCTION OF RECORDS; REQUEST FOR MONETARY SANCTIONS OF $2510.00 AGAINST AXIALL CORPO...

...deposition of third-party witness Axiall Corporation and its production of records is DENIED. Plaintiffs’ request for sanctions is DENIED. Axiall’s cross-request for sanctions is also DENIED. DISCUSSION: Motion To Compel Deposition and Production of Records Meet and Confer The Declaration of Attorney Senami Craft reflects that she did attempt to meet and confer with Axiall’s counsel. As discussed below, ho...

  • Hearing

    Feb 20, 2020

RANDY HALL V. DARREN CRAIG DORSEY, SR., ET AL.

RHONDA DORSEY’s, an individual, and RHONDA DORSEY’s and DARREN DORSEY’s, trustees, Motion to Set Aside Default Judgment TENTATIVE RULING Defendants RHONDA COLE DORSEY, acting in her individual capacity (“RHONDA”), and RHONDA COLE DORSEY and DARREN CRAIG DORSEY SR., acting in their capaciti...

...legislative policy favoring trial on the merits. (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420.) These legislative goals mean that a court’s discretion to deny a section 473 motion is limited to situations where it is clear that the moving party’s mistake or neglect was inexcusable. (Id. at 1420.) In the context of a section 473 motion, the absence of prejudice to the opposing p...

  • Hearing

    Feb 20, 2020

RANDY HALL V. DARREN CRAIG DORSEY, SR., ET AL.

DARREN DORSEY’s Motion to be Relieved from Deemed Admissions TENTATIVE RULING Defendant DARREN CRAIG DORSEY SR. (“DARREN,” so as to distinguish him from Defendant RHONDA COLE DORSEY) brings this motion for relief from an order of this court dated July 10, 2019 deeming each of Plaintiff’s requests for admissions propounded on him admitted. Code of Civil Procedure section 2033.300 permits a party to w...

...the burden of showing that its mistake or neglect was excusable, any doubt as to that showing must be resolved in the moving party’s favor to promote legislative policy favoring trial on the merits. (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420.) These legislative goals mean that a court’s discretion to deny a Code of Civil Procedure section 2033.300 motion is limited to si...

  • Hearing

    Feb 20, 2020

KHURANA VS. CITIMORTGAGE

...* Defendant’s motion for summary judgment is granted. The issue conference and trial dates are vacated. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiffs’ counsel for approval as to form. The basis for this ruling is as follows. A. The Pleading Of Plaintiffs’ Complaint. A motion for summary adju...

...sufficiency of the complaint.” (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal.4th 1110, 1117-18.) In this context, the courts consider the motion under the same standards applicable to a motion for judgment on the pleadings. (Id.) B. The First And Second Causes of Action. The First and Second Causes of Action are for violation of the Homeowner Bill of Rights (“HBOR”). Specifically, plainti...

  • Hearing

    Feb 20, 2020

TOMMY GAY VS DIAMOND MATTRESS COMPANY, INC., ET AL.

# 9. Tommy Gay v. Diamond Mattress Company, Inc., et al. Case No.: 19CMCV00049 Matter on calendar for: Motion for Leave to File FAC Tentative ruling: Background This is a wrongful termination and discrimination action. Plaintiff Tommy Gay alleges violations of the Fair Employment and Housing Act (“FEHA”) a...

...1102.5 The Court granted Defendants’ motions to compel arbitration and to stay the action. Plaintiff now moves to amend the Complaint to remove the arbitrable causes of action. Defendant JobSource opposes the motion. For the reasons set forth below, the Court continues the hearing. Standard Code of Civil Procedure §§ 473(a)(1) and 576 provide courts with the authority to allow the amendment of pleadings upon a...

  • Hearing

    Feb 20, 2020

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