TENTATIVE RULING

Defendants Steve Fisk's and Cal Bay Builders, Inc.'s motion for new trial or remittitur is denied.

Plaintiff Jeffrey K. Kendall's request for judicial notice is granted.

Defendants move for a new trial on the grounds that the damages awarded by the jury were excessive because they exceed the amount permitted pursuant to the limitation of damages provision contained in a contract between the parties. Defendants request that the Court reduce the damage award to the maximum amount allowed under the contract.

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 ruling on the merits of a motion for new trial, the Court starts with the basic premise of Article VI section 13 of the Constitution. No judgment shall be set aside, or new trial granted unless, after an examination of the entire cause, including the evidence, the Court shall be of the opinion that the error complain