Kolar

Following trial of this action against the County of Los Angeles for wrongful death of their son, judgment on the verdict of the jury was entered in favor of Martin and Wreath Kolar in the sum of $25,000 plus costs. Thereafter an order was made granting defendant’s motion for a new trial. Plaintiffs appeal from that order and defendant cross-appeals from the judgment.

Contentions

It is contended on appeal by plaintiffs that defendant’s motion for new trial was in fact denied by operation of law and the judgment should be reinstated because the order granting the motion does not comply with Code of Civil Procedure section 651.

It is contended on cross-appeal the evidence is insufficient to support the judgment. For reasons set forth in Brown v. World Church, 272 Cal.App.2d 684, 690-691 [ 77 Cal.Rptr. 669 , 45 A.L.R.3d 622 ], and cases cited therein the cross-appeal must be deemed without merit.

Discussion

Code of Civil Procedure section 657 provides that a new trial may be granted on all or part of the issues upon grounds, inter alia, of excessive damages and/or insufficiency of the evidence. The order determining the motion must state the grounds relied upon by the…