Finch

Finch v. Brenda Raceway Corp.

Good Law
1994 Cal. App. LEXIS 127·22 Cal. App. 4th 547·27 Cal. Rptr. 2d 531·94 Daily Journal DAR 2036·59 Cal. Comp. Cases 131
Court of Appeal of CaliforniaFebruary 15, 1994A056085California2,732 words

Opinion

Opinion

Haning, J.

business as Sears Point International Raceway, and Harvey “Skip” Berg appeal a judgment by jury trial awarding plaintiff/respondent Linda Finch (Finch) $476,250 in her action for wrongful termination based on violation of Labor Code section 970, breach of contract, and negligent misrepresentation. Defendants’ principal claims of error are insufficiency of the evidence to support the verdict and excessive damages. Finch cross-appeals from the order granting a new trial on damages only on her cause of action for violation of the Labor Code. She contends the order did not comply with statutory requirements that it state in writing the grounds for granting the new trial.

Facts

Pursuant to established rules of appellate review, we report the facts in the light most favorable to the prevailing party (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 925-926 [ 101 Cal.Rptr. 568 , 496 P.2d 480 ]), recognizing that conflicts in the evidence, its weight and the credibility of the witnesses are matters for the jury’s resolution. (Munoz v. Olin (1979) 24 Cal.3d 629, 635-636 [ 156 Cal.Rptr. 727 , 596 P.2d 1143 ].)

Berg is the principal shareholder of Brenda Raceway Corporation,…

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