Gerry

Gerry v. Murphy CA2/2

Good Law
Court of Appeal of CaliforniaFebruary 3, 2015B253747California364 words

Opinion

Opinion

DISCUSSION

Appellant contends that the trial court erred in directing a verdict against him on his cross-complaint, which he calls his “attorney lien dispute.” Specifically, he argues that he “is entitled to recognition of the collateral estoppel—res judicata effect of the judgment in the [OPH] interpleader action.”

I. Standard of Review

“‘A directed verdict may be granted only when, disregarding conflicting evidence, giving the evidence of the party against whom the motion is directed all the value to which it is legally entitled, and indulging every legitimate inference from such evidence in favor of that party, the court nonetheless determines there is no evidence of sufficient substantiality to support the claim or defense of the party opposing the motion, or a verdict in favor of that party. [Citations.]’ [Citation.] On appeal, we decide de novo whether sufficient evidence was presented to withstand a directed verdict. [Citation.]” (Bonfigli v. Strachan (2011) 192 Cal.App.4th 1302, 1315.)

II. Appellant Has Failed to Meet His Burden on Appeal

To prevail on appeal, appellant must show that there was substantial evidence presented at the trial on his cross-complaint to…

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