FABIAN RONISKY VS PROVIDENCE SAINT JOHN'S HEALTH CENTER ET A

Case No.: BC599928     Track Rulings In Case

(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 prejud........