Dizon

Plaintiff appeals from an order granting defendant’s (respondent) motion for a new trial on all issues unless plaintiff (appellant) files a remission of judgment in the sum of $35,000.

On June 8, 1970, appellant and respondent were involved in an automobile accident. The case was tried to a jury which returned a verdict for appellant and awarded damages in the amount of $50,000. Respondent moved for a new trial. That motion was granted by the trial court. The order granting the motion for a new trial provided as follows: “Defendant’s motion for new trial having been submitted July 27, 1973, the court now makes its order and gives its statement of reasons therefor as follows:

Code of Civil Procedure section 657 provides that a new trial may be granted for various enumerated grounds including “[ejxcessive or inadequate damages. . . . 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.” The section further provides that “[o]n appeal from an order granting a new trial . . . upon the ground of excessive or…