What is a Motion for New Trial?

Useful Resources for Motion for New Trial

Rulings on Motion for New Trial

126-150 of 10000 results

DAVID ALOMATSI VS KINDRED HOSPITAL

For the foregoing reasons, the motion for new trial is DENIED. Defendant is ordered to give notice of the ruling.

  • Hearing

    Nov 18, 2020

MORRIS V. CHO

Motion No. 1: Plaintiff’s (Maria Morris) Brief in Support of Motion for New Trial Conditioned on Additur (Motion), filed on 7-31-20 under ROA No. 326, is CONDITIONALLY GRANTED. Plaintiff’s Notice of Intention to Move for New Trial Conditional on Additur (Notice), filed on 7-24-20 under ROA No. 323, moves for a new trial based on Code of Civil Procedure section 657, subdivisions (5) and (6).

  • Hearing

    Sep 25, 2020

BOTROS VS. JAGUAR LAND ROVER NORTH AMERICA, LLC

Motion for New Trial. The motion is denied. While plaintiff timely filed a notice of intent to move for new trial [actually two notices], plaintiff has not filed any other documents in support of such request. “When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon affidavits; otherwise it must be made on the minutes of the court.” (CCP 658.)

  • Hearing

    Sep 01, 2017

LYDIA VALDEZ VS KIM HAMLETT ET AL

But the court has discretion to treat a motion for reconsideration as a motion for new trial. Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193. After the judgment is entered, it is subject to attack in the trial court as any other judgment. A motion for new trial can be filed within 15 days after the clerk's mailing of notice of entry of judgment. CCP §659.

  • Hearing

    Feb 05, 2020

FANNIE HENDERSON VS CAPRI URBAN BALDWIN LLC ET AL

Here, the order continuing the trial from April 10, 2018 to August 16, 2018 stated, “that all discovery and motion cutoff dates will not be based upon [the] new trial date.” The instant motion is currently set for hearing on May 16, 2018—past the operative discovery and motion cutoff dates. In Pelton-Shepherd Industries, Inc. v.

  • Hearing

    May 16, 2018

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

MIRELES V. LUPERCIO

Motion for New Trial by Plaintiff Christian Mireles: I. Motion for New Trial Plaintiff moves for a new trial on several grounds pursuant to CCP sec. 657. - Irregularity in the proceedings, 657 1. - Surprise, 657 3. - Newly discovered evidence, 657 4. - Insufficiency of the evidence and 657 6. - Error of law. 657 7. In his notice of motion, Plaintiff states that he is also moving under CCP 629.

  • Hearing

    May 02, 2019

KRISTIN HARRIS VS. VICTOR MANUEL OLIVA

Generally, in considering such a motion, the court is guided by these principles: "Upon a motion for new trial grounded on insufficiency of the evidence because the damages are inadequate, the court should first determine whether the damages are clearly inadequate and, if so, whether the case would be a proper one for granting a motion for new trial limited to damages. [Citation.]

  • Hearing

    Feb 06, 2017

EDWIN IVAN GUARDIA VS WELLS FARGO HOME MORTGAGE ET AL

Plaintiff Guardia’s Motion for a New Trial is DENIED.

  • Hearing

    Jan 25, 2018

30-2012-00537897-CU-BT-CXC

(d) If this motion were granted, defense experts would need to revise their damage models, and defendants would have to conduct additional discovery with regard to the ‘new’ Class Members (both written and otherwise), and defendants would have the right to bring a summary judgment motion re those ‘new claims’, with no time to do so. (e) This court already ruled on the cut-off date for the Class Period, here – which ruling has controlled final Trial preparation by defendants for many months.

  • Hearing

    Nov 17, 2017

ABEL CONTRERAS ET AL VS PACER CARTAGE INC ET AL

On July 1, 2020, the Court granted costs for defendants against Plaintiff in the amount of $2,622.60. On July 7, 2020, Plaintiff filed a notice of intent to move for new trial and filed a substitution of attorney, replacing herself with attorney Jose Mariano Castillo. On July 17, 2020, Plaintiff filed the instant motion for new trial, pursuant to Code of Civil Procedure section 659, subdivision (a). ANALYSIS: I. Motion for New Trial A.

  • Hearing

    Oct 07, 2020

ANDREW RUDNICKI VS FARMERS INSURANCE EXCHANGE ET AL

The motion is DENIED as untimely. An additional, and alternative, ruling on the merits follows. Substantive merits of new trial motion: Plaintiff’s motion for a new trial and/or to set aside the dismissals of the Truck/Fire Insurance Exchange defendants is DENIED. There is no basis to grant a new trial on the grounds asserted in the motion by the Truck and Fire Insurance Exchange defendants.

  • Hearing

    Jan 29, 2018

  • Type

    Employment

  • Sub Type

    Wrongful Term

(NO CASE NAME AVAILABLE)

Defendant has brought a motion for new trial based on new evidence not admitted during the trial showing the falsity not only of the Trustee’s deed upon sale but also that there was no legal substitution of the Trustee. Attached to her motion are 9 exhibits, only two of which (Grant Deed and Deed of Trust) were entered into evidence at the trial.

  • Hearing

    Aug 07, 2019

JACKIE CALVIN VS EDWARD MUGICA

Accordingly, the motion for new trial can only be granted on a ground specified in the notice of intention to move for a new trial. (Malkasian v. Irwin (1964) 61 Cal.2d 738, 745; Sitkei v. Frimel, supra, 85 Cal.App.2d at p. 337).” Wagner v. Singleton (1982) 133 Cal.App.3d 69, 72. Since defendants’ 2/14/17 “Notice of Intention to Move for New Trial” does not reference CCP § 657(3), the court lacks jurisdiction to consider this ground.

  • Hearing

    Mar 24, 2017

MESA WEST, INC. V. PHUSTAEROUS, LTD.

The court would also note that Moving Parties cited each ground of CCP 657 in their notice of intent to move for new trial, but failed to submit or identify any minutes of the court [required for a motion for new trial under CCP 657(5)-(7)].

  • Hearing

    Dec 13, 2018

JANESSA NORRIS ET AL VS GRIFFITH PARK DUDE RANCH & BATH

MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT AND FOR NEW TRIAL Moving Party: “Plaintiff(S)” Responding Party: Defendant Griffith Park Dude Ranch and Bath House, Inc.

  • Hearing

    Mar 20, 2020

LESLIE JOHN MILLER VS. JOHNSON MECHANICAL CONTRACTORS INC.

TENTATIVE RULING: Plaintiff's motion for new trial is denied. A motion for new trial is entirely statutory. It can be granted only on one of the seven grounds set forth in Code of Civil Procedure section 657. Plaintiff moves for new trial on the grounds of inadequate damages (CCP section 657(5) and insufficiency of the evidence and verdict against law, (657(6)). The basis for each ground is that the damages for future pain and suffering, lost income and medical expenses are inadequate.

  • Hearing

    Jan 29, 2014

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

GHEZAVAT VS. TOWN OF DANVILLE

HEARING ON MOTION FOR NEW TRIAL FILED BY MO GHEZAVAT * TENTATIVE RULING: * The Court has considered the statements and arguments made in the memorandum of points and authorities and the declaration of Jeremy Jessup. For the reasons stated when these issues arose during trial, and those stated in Defendants’ Opposition to Plaintiffs’ Motion for New Trial, the Court denies the motion for a new trial.

  • Hearing

    May 03, 2018

JOHN WEYHE VS. WAL-MART STORES INC

TENTATIVE RULING: Defendant's motion for new trial is denied. A motion for new trial is entirely statutory. It can be granted only on one of the seven grounds set forth in Code of Civil Procedure section 657. In its notice of intent to move for new trial, defendant moves the court for an order granting new trial on the grounds of excessive damages (Code Civ. Proc. 657(5); Insufficiency of the evidence (Code Civ. Proc. 657(6); and error in law (Code Civ. Proc. § 657(7).

  • Hearing

    Aug 19, 2010

  • Type

    Employment

  • Sub Type

    Other Employment

JAMES PRICKETT ET AL VS CATERPILLAR INC ET AL

The Trial is continued to November 9, 2020 at 9:30 am. All discovery and motion cut off dates will follow the new trial date. This shall be the final continuance of the trial date. All parties are ordered to confirm within one week of notice of this order their witnesses’ and trial counsel’s availability on the new trial date and to advise their witnesses and trial counsel to keep their calendars clear for the entire duration of trial, starting on the new trial date.

  • Hearing

    Jan 31, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ENTERTAINMENT REAL ESTATE SERVICES, INC. A CALIFORNIA CORPORATION VS MAGNOLIA REAL ESTATE CORPORATION, A CALIFORNIA CORPORATION

The Court will thus deny the motion for judgment notwithstanding the verdicts. --- Standard of Review – New Trial - Code of Civil Procedure § 657 sets forth the relief available on a motion for new trial, as well as the causes upon which such a motion may be made. “[T]he proceedings on a motion for new trial are strictly statutory, and the procedure for seeking relief must conform strictly to the statutory mandate.” (People v. Southern Cal. Edison Co. (1976) 56 Cal. App. 3d 593, 601.)

  • Hearing

    Sep 25, 2020

IN RE: TERROIR HOTEL AND RESORT FUND, L.P.

S Notice Of: 1) Petitioner's Intention To Move For New Trial And 2) Hearing On Petitioner's Motion For A New Trial And Motion To Amend Order Confirming Arbitration Award Or, Alt., To Vacate Order And Enter Different Order. Motion denied. Reply is stricken as violative of motion for new trial procedures. (C.R.C. 3.1600, C.C.P. section 661). The arbitrator's award does not constitute damages or a money judgment, but rather the creation of an executory contract.

  • Hearing

    Sep 10, 2010

HARRY TRAN VS ST GEORGE & ASSOCIATES

Regardless of which motion is analyzed to determine the applicable time for appeal after its filing, the motion was filed after expiration of the time for appeal (June 2, 2020 for the motion to vacate judgment, and June 25, 2020, for the motion for new trial), and is untimely. Certainly, the Court did not formally rule on the motion for new trial or motion to vacate judgment until June 5, 2020, and that ruling was not served until June 8, 2020.

  • Hearing

    Dec 04, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

YOUNG ELECTRIC SIGN COMPANY A UTAH CORPORATION VS. PC DIXON I LLC A CALIFORNIA LIMITED LIABILITY COMPANY

TENTATIVE RULING: YESCO's motion for new trial is denied. A motion for new trial is entirely statutory. It may be granted only on one of the seven grounds set forth in Code of Civil Procedure section 657. In its notice of intent to move for new trial, YESCO moves the court for an order granting new trial on twelve different grounds.

  • Hearing

    Aug 30, 2012

  • Type

    Other

  • Sub Type

    Intellectual Property

RUNNING VS NOBEL

A new trial may not be granted upon the ground of insufficiency of the evidence unless a court is convinced that the "jury clearly should have reached a different verdict or decision." Code Civ. Proc., § 657. A new trial may only be granted if there is a miscarriage of justice. Calif. Const. Art. VI, § 13. Again, defendant did not present any supporting evidence. In any event, the Court is not persuaded that there was a miscarriage of justice. Thus, the motion for new trial is denied.

  • Hearing

    Oct 26, 2017

  • Type

    Real Property

  • Sub Type

    other

LA JOLLA BENEFITS ASSOCIATION LLC VS CITY OF SAN DIEGO

Because the Motion for New Trial is the proper remedy and has been granted, the Motion to Vacate the Judgment is denied. Counsel should be prepared to discuss a briefing schedule and hearing date.

  • Hearing

    Mar 01, 2018

  • Type

    Other

  • Sub Type

    Intellectual Property

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