Vandermost

Plaintiff Anthony B. Vandermost appeals from the “Order For New Trial and the Final Judgment ... in favor of Defendants [Alpha Beta Company, doing business as Alphy’s Restaurants and Holly Brouwer] and against Plaintiff, following the granting of Defendants’ Motion for Judgment Notwithstanding the Verdict in favor of Plaintiff.”

Contentions

Plaintiff contends on appeal that “(1) the trial court erred, abused its discretion, and prejudiced [him] by granting the judgment notwithstanding the verdict; (2) the order for new trial must be reversed and the jury verdict reinstated because there is no substantial evidence in the record to support the trial court’s findings.”

Discussion

We first review the propriety of the trial court’s granting of the judgment notwithstanding the verdict. “[A] motion for judgment notwithstanding the verdict may not be granted unless, indulging in every presumption in favor of the opposing party’s evidence, there is no evidence of substantial value to support a verdict in favor of the opposing party.” (Stevens v. Roman Catholic Bishop of Fresno (1975) 49 Cal.App.3d 877, 889 [ 123 Cal.Rptr. 171 ].) “The court may not weigh the evidence but must…