Cobb

In this opinion, we revisit the lawsuit filed by Marvin Cobb (Cobb) against the University of Southern California (USC) alleging breach of contract and racial discrimination, a matter we first considered in Cobb v. University of So. California (1995) 32 Cal.App.4th 798 [ 38 Cal.Rptr.2d 543 ]. There, on USC’s motion, we dismissed as nonappealable Cobb’s appeal from an order granting judgment notwithstanding the verdict (JNOV), but ruled that the order granting a new trial as to the contract cause of action was appealable, notwithstanding that a retrial of the discrimination claim had not yet been conducted. Since that time, the record on appeal has been filed, and the issues fully briefed. After reviewing the full record, which was not available at the time of our prior opinion, we conclude that the order granting new trial is ineffectual. Moreover, even if it had been properly entered, the order would not be ripe for review at this time. Consequently, we dismiss the appeal from the new trial order.

Cobb filed a complaint against USC alleging, inter alia, racial discrimination and breach of contract. After trial of these two causes of action, the jury deadlocked on the…