Motion for New Trial
Moving Party: Defendant/Cross-Complainant Bruce Alexander Reyner dba Reyner Sign & Lighting Responding Party: Plaintiffs Victor Lopez and Maximiliano Lopez
Ruling: Defendant’s motion for new trial is denied.
Irregularity in the Proceedings of the Jury and/or Jury Misconduct
Defendant alleges the following irregularities and/or misconduct: (1) Special Verdict Form No. 1 for Victor Lopez and the Court’s remark related thereto during reading of the verdict; (2) Special Verdict Form No. 5 for each Plaintiff included a space for calculation of damages above the statutory cap on damages for failure to provide accurate itemize wage statements; and (3) Juror Tetherton’s alleged failure to deliberate on some questions on Victor Lopez’s Special Verdict Form No. 2.
The term “irregularity” has been broadly interpreted to cover many forms of misconduct and error that would also be grounds for a mistrial or reversal on appeal. Grounds for a new trial may be based on an irregular