Allhouse-Conservatorship

Case No.: 30-2013-00629369-CU-JR-CJC    

I. Respondents’ Motion for New Trial
Respondents Jim and Deborah Stevenson and Abel Mares and Amanda Holden-Mares move for a new trial under CCP 657 (5) and (6). The court DENIES the motion for the reasons set forth below and in the Opposition filed by Petitioners Patti L. Gerhard and Kathy Gardner.
A. Burden of Proof
A party may move to set aside a verdict or judgment, and to hold a new trial for any cause materially affecting his or her substantial rights. (CCP 657.) A trial court has broad discretion in ruling on the new trial motion, and on appeal the trial court's exercise of discretion must be accorded great deference. (Rayii v. Gatica (2013) 218 Cal.App.4th 1402, 1415.)
The moving party bears the burden of proof. (Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 625.) In ruling on the motion, the court must consider the entire record. (Casella v. Southwest Dealer Services, Inc. (2007) 157 Cal.App.4th 1127, 1159.)
“A trial........