MOTION FOR ATTORNEY FEES
No tentative ruling.
MOTION FOR PARTIAL JUDGMENT NOTWITHSTANDING THE VERDICT (“JNOV”)
Plaintiff Laura M. Knox moves for partial JNOV as to the first cause of action for breach of the covenants, conditions, and restrictions (“CC&Rs”). A court must grant a motion for JNOV when the facts show that either a defendant’s motion for nonsuit under Code of Civil Procedure section 581c or a motion for directed verdict under Code of Civil Procedure section 630 should have been granted. (Code Civ. Proc., § 629.) The purpose of a motion for JNOV is not to afford a review of the jury’s deliberations, but to prevent a miscarriage of justice in a case in which the verdict rendered is without foundation. (Oakland Raiders v. Oakland-Alameda County Coliseum, Inc. (2006) 144 Cal.App.4th 1175, 1194.)
Given the constitutional right to a jury trial, a court has limited discretion to grant a motion for JNOV. (Fountain Valley Chateau Blanc Homeowner’s Assoc. v. Dept. of Veterans Affair
Hearing Date
July 06, 2018
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MOTION FOR ATTORNEY FEES
No tentative ruling.
MOTION FOR PARTIAL JUDGMENT NOTWITHSTANDING THE VERDICT (“JNOV”)
Plaintiff Laura M. Knox moves for partial JNOV as to the first cause of action for breach of the covenants, conditions, and restrictions (“CC&Rs”). A court must grant a motion for JNOV when the facts show that either a defendant’s motion for nonsuit under Code of Civil Procedure section 581c or a motion for directed verdict under Code of Civil Procedure section 630 should have been granted. (Code Civ. Proc., § 629.) The purpose of a motion for JNOV is not to afford a review of the jury’s deliberations, but to prevent a miscarriage of justice in a case in which the verdict rendered is without foundation. (Oakland Raiders v. Oakland-Alameda County Coliseum, Inc. (2006) 144 Cal.App.4th 1175, 1194.)
Given the constitutional right to a jury trial, a court has limited discretion to grant a motion for JNOV. (Fountain Valley Chateau Blanc Homeowner’s Assoc. v. Dept. of Veterans Affair