Re: KJ vs AEG Trial outcome : Appeal
vCODE OF CIVIL PROCEDURE SECTION 656-663.2
656. A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.
657. The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial
granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the
substantial rights of such party:
1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which
either party was prevented from having a fair trial.
2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict,
or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved
by the affidavit of any one of the jurors.
3. Accident or surprise, which ordinary prudence could not have guarded against.
4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have
discovered and produced at the trial.
5. Excessive or inadequate damages.
6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law.
7. Error in law, occurring at the trial and excepted to by the party making the application.
When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted
and the court's reason or reasons for granting the new trial upon each ground stated.
A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon
the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including
reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.
The order passing upon and determining the motion must be made and entered as provided in Section 660 and if the motion is granted must
state the ground or grounds relied upon by the court, and may contain the specification of reasons. If an order granting such motion does not contain such specification of reasons, the court must, within 10 days after filing such order, prepare, sign and file
such specification of reasons in writing with the clerk. The court shall not direct the attorney for a party to prepare either or both
said order and said specification of reasons.
On appeal from an order granting a new trial the order shall be affirmed if it should have been granted upon any ground stated in the
motion, whether or not specified in the order or specification of reasons, except that (a) the order shall not be affirmed upon the
ground of the insufficiency of the evidence to justify the verdict or other decision, or upon the ground of excessive or inadequate
damages, unless such ground is stated in the order granting the motion and (b) on appeal from an order granting a new trial upon the
ground of the insufficiency of the evidence to justify the verdict or other decision, or upon the ground of excessive or inadequate
damages, it shall be conclusively presumed that said order as to such ground was made only for the reasons specified in said order or said
specification of reasons, and such order shall be reversed as to such ground only if there is no substantial basis in the record for
any of such reasons.
657.1. A new trial may also be granted as provided in Section 914 of this code.
658. When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must
be made upon affidavits; otherwise it must be made on the minutes of the court.
659. (a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his or
her intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon
affidavits or the minutes of the court, or both, either:
(1) After the decision is rendered and before the entry of judgment.
(2) Within 15 days of the date of mailing notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever
is earliest; provided, that upon the filing of the first notice of intention to move for a new trial by a party, each other party shall
have 15 days after the service of that notice upon him or her to file and serve a notice of intention to move for a new trial.
(b) That notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in
the notice. The times specified in paragraphs (1) and (2) of subdivision (a) shall not be extended by order or stipulation or by
those provisions of Section 1013 that extend the time for exercising
a right or doing an act where service is by mail.
659a. Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any affidavits intended to be
used upon such motion. Such other parties shall have ten days after such service within which to serve upon the moving party and file
counter-affidavits. The time herein specified may, for good cause shown by affidavit or by written stipulation of the parties, be
extended by any judge for an additional period of not exceeding 20 days.
661. The motion for a new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case
of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county where the trial was had, the
same shall be heard and determined by any other judge of the same court. Upon the expiration of the time to file counter affidavits the
clerk forthwith shall call the motion to the attention of the judge who presided at the trial, or the judge acting in his place, as the
case may be, and such judge thereupon shall designate the time for oral argument, if any, to be had on said motion. Five (5) days'
notice by mail shall be given of such oral argument, if any, by the clerk to the respective parties. Such motion, if heard by a judge
other than the trial judge shall be argued orally or shall be submitted without oral argument, as the judge may direct, not later
than ten (10) days before the expiration of the time within which the court has power to pass on the same.
662. In ruling on such motion, in a cause tried without a jury, the court may, on such terms as may be just, change or add to the
statement of decision, modify the judgment, in whole or in part, vacate the judgment, in whole or in part, and grant a new trial on
all or part of the issues, or, in lieu of granting a new trial, may vacate and set aside the statement of decision and judgment and
reopen the case for further proceedings and the introduction of additional evidence with the same effect as if the case had been
reopened after the submission thereof and before a decision had been filed or judgment rendered. Any judgment thereafter entered shall be
subject to the provisions of sections 657 and 659.
