Montoya

Dr. Alfonso Barragan appeals the trial court’s order granting plaintiffs’ new trial motion on the ground of insufficiency of the evidence of causation and irregularity in the proceedings. Plaintiffs Daniel Montoya, Moisés Montoya, Saul Montoya and Antonio Montoya (plaintiffs) are the family of decedent Olivia Montoya (Montoya), who died while in Dr. Barragan’s care. After their complaint for wrongful death and survival went to trial before a jury, the court declared a mistrial when the jury was unable to return a verdict. The court polled the jury, and entered judgment for Dr. Barragan. Plaintiffs moved for a new trial based on (1) insufficiency of the evidence that Dr. Barragan did not cause Montoya’s death, and (2) the court’s error in entering judgment on the jury poll because the jury never returned a verdict. The trial court granted plaintiffs’ motion on the grounds of insufficiency of the evidence of causation.

Dr. Barragan contends on appeal that the trial court’s statement of reasons in its new trial order did not comply with Code of Civil Procedure section 657; there is no evidence he caused Montoya’s death; and the trial court properly entered judgment in his…