Tentative ruling issued by Judge Robert P Dahlquist on Sep. 02, 2021 in San Diego County, CA - Case no: xxxxx-NC

Plaintiff Medical Acquisition Company's (MAC) motion for new trial is denied. On July 2, 2021, this Court entered a judgment after remand. (ROA # 1218) On July 26, 2021, MAC filed a notice of intent to move for new trial. (ROA # 1225, 1243 and 1241) On August 6, 2021, MAC filed a notice of appeal of the judgment. (ROA # 1250) "[T]he Legislature, through its enactments, has established that a motion for a new trial is collateral to the judgment and may proceed despite an appeal from the judgment." Varian Med. Sys., Inc. v. Delfino (2005) 35 Cal. 4th 180, 191. Thus, the Court has jurisdiction to rule on the motion for a new trial notwithstanding the filing of the appeal.

MAC moves for a new trial pursuant to CCP § 657(1), (5), (6) and (7).

The Court is not persuaded that MAC has established that a new trial is warranted. The Court is not persuaded that there was an irregularity in the proceedings warranting a new trial. CCP § 657(1). MAC has not established miscon….....