(1) MOTION FOR NEW TRIAL;
(2) MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
MOVING PARTY: (1) & (2) Plaintiff Fabian Ronisky
RESPONDING PARTY(S): (1) & (2) Defendant Sanjeev K. Seth, M.D.
PROOF OF SERVICE:
ANALYSIS
On May 30, 2019, the Court entered judgment in favor of Defendant Sanjeev K. Seth, M.D. and against Plaintiff. Plaintiff Fabian Ronisky moves for a new trial and for judgment notwithstanding the verdict.
Motion for New Trial
" '[T]he trial court is bound by the rule of California Constitution, article VI, section 13, that prejudicial error is the basis for a new trial, and there is no discretion to grant a new trial for harmless error. [Citation.] . . . The grant of a new trial for harmless error violates the constitutional provision and wastes judicial time and resources to no purpose. [P] Accordingly, the order granting a new trial is valid only if prejudicial error occurred at the trial.' [Citation.]" (Garcia v. County of Los Angeles (1986) 177 Cal. App. 3d 633,
Hearing Date
August 14, 2019
Type
Other Non-Personal Injury/Property Damage tort (General Jurisdiction)
Status
Jury Verdict 05/30/2019
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(1) MOTION FOR NEW TRIAL;
(2) MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
MOVING PARTY: (1) & (2) Plaintiff Fabian Ronisky
RESPONDING PARTY(S): (1) & (2) Defendant Sanjeev K. Seth, M.D.
PROOF OF SERVICE:
ANALYSIS
On May 30, 2019, the Court entered judgment in favor of Defendant Sanjeev K. Seth, M.D. and against Plaintiff. Plaintiff Fabian Ronisky moves for a new trial and for judgment notwithstanding the verdict.
Motion for New Trial
" '[T]he trial court is bound by the rule of California Constitution, article VI, section 13, that prejudicial error is the basis for a new trial, and there is no discretion to grant a new trial for harmless error. [Citation.] . . . The grant of a new trial for harmless error violates the constitutional provision and wastes judicial time and resources to no purpose. [P] Accordingly, the order granting a new trial is valid only if prejudicial error occurred at the trial.' [Citation.]" (Garcia v. County of Los Angeles (1986) 177 Cal. App. 3d 633,