Defendant Ferguson Enterprises, Inc. brings this Motion to Set Aside, Vacate or Modify Judgment, and Enter Another and Different Judgment, or alternatively, Partial Judgment Notwithstanding the Verdict. Defendant Datamatic, Ltd. joins the motion and brings its own Motion to Set Aside, Vacate, Modify and/or Clarify Judgment.
"A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: ... A judgment or decree not consistent with or not supported by the special verdict." CCP §663(a).
Prior to the jury's verdict, the Court granted a motion for directed verdict in favor of Ferguson on the breach of express warranty cause of action, and granted non-suit in Ferguson's favor on the strict
Hearing Date
July 13, 2017
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Defendant Ferguson Enterprises, Inc. brings this Motion to Set Aside, Vacate or Modify Judgment, and Enter Another and Different Judgment, or alternatively, Partial Judgment Notwithstanding the Verdict. Defendant Datamatic, Ltd. joins the motion and brings its own Motion to Set Aside, Vacate, Modify and/or Clarify Judgment.
"A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: ... A judgment or decree not consistent with or not supported by the special verdict." CCP §663(a).
Prior to the jury's verdict, the Court granted a motion for directed verdict in favor of Ferguson on the breach of express warranty cause of action, and granted non-suit in Ferguson's favor on the strict