Baker

In this first-impression case, we construe the Independent Wholesale Sales Representatives Contractual Relations Act of 1990 (the Act) to avoid an absurd result. (Civ. Code, § 1738.10 et seq.) We resolve this pure question of law to further the express legislative intent to provide “unique protection” to qualifying salespersons. (§ 1738.10.) This case also illustrates the power of the trial court to serve as a “gatekeeper” by exercising its discretion to grant a new trial to prevent what it perceives as a miscarriage of justice.

Edwin Baker worked as an independent wholesale sales representative for American Horticulture Supply, Inc., respondent. He appeals from the judgment entered upon the trial court’s order granting respondent’s motion for a directed verdict on his third cause of action, alleging a violation of the Act. The jury returned verdicts in appellant’s favor on his remaining causes of action for breach of contract, promissory fraud, and quantum meruit. But the trial court ordered a new trial on the grounds of insufficiency of the evidence, excessive damages, and juror misconduct. Appellant also appeals from that order. We affirm the order granting a new…