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).
Code of Civil Procedure section 657 states in part, “The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: . . . [¶] 5. Excessive or inadequate damages. [¶] 6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against the law. . . . [¶] When a new trial is granted, or all or part of the issues, the cou