Sanchez

Sanchez v. Hasencamp

Good Law
107 Cal. App. 3d 935·166 Cal. Rptr. 118·1980 Cal. App. LEXIS 2015
Court of Appeal of CaliforniaJuly 7, 1980Civ. 56625California2,928 words

Opinion

Opinion

Newman, J.

Defendants appeal from an order granting plaintiff and respondent’s motion for a new trial on the issue of damages conditioned upon defendants’ consent to the addition of $7,000 to the judgment. Plaintiff Maria Sanchez was injured in a collision with an automobile driven by defendant Laurie Hasencamp and owned by her mother June Hasencamp on December 19, 1975. Liability was conceded; the jury awarded damages to plaintiff in the sum of $4,060.75.

Contentions

Appellants contend the trial court’s new trial order should be reversed because it fails adequately to specify reasons for the order, and because it is unsupported by any substantial basis in the record and is, therefore, an abuse of discretion. The challenged order of the trial court is set forth in the margin.

Discussion

Code of Civil Procedure section 657 provides that a new trial may be granted for various enumerated grounds including “[ejxcessive or inadequate damages [and] [insufficiency of the evidence to justify the verdict.... 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…

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