NATURE OF PROCEEDINGS: TENTATIVE RULING

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Plaintiff has filed the following motions:

(1) Motion for New Trial based on:

(a) insufficiency of the evidence (CCP § 657(6));

(b) inadequate damages (CCP § 657(5));

(c) misconduct of the jury (CCP § 657(2));

(2) Motion for Judgment Notwithstanding the Verdict (JNOV); and

(3) Motion to Tax Costs.

As is set forth below, the Motion for New Trial on the grounds of insufficiency of the evidence is granted, the JNOV is denied, and the Motion to Tax Costs is moot.

Motion for New Trial

- Standard

In ruling on a motion for new trial, the court independently reweighs the evidence. (Valdez v. Diffenbaugh (1975) 51 Cal.App.3d 494, 512.) A new trial should be granted if the jury's verdict is against the weight of the evidence. (Ibid.)

As to the specific grounds of insufficiency of evidence, while it is the jury's province to find the facts, it is the court's duty to see that this fu