Barrese

Barrese v. Murray

Good Law
129 Cal. Rptr. 3d 490·198 Cal. App. 4th 494·2011 Cal. App. LEXIS 1076
Court of Appeal of CaliforniaAugust 16, 2011No. B217011California5,727 words

Opinion

Lead Opinion

Flier, J.

Respondent Katherine Bárrese sued appellant Jacques Gaston Murray under the authority of Marvin v. Marvin (1976) 18 Cal.3d 660 [ 134 Cal.Rptr. 815 , 557 P.2d 106 ] (Marvin) and was awarded $5.7 million by a jury. Although the trial court stated in the hearing on appellant’s motion for new trial that respondent could not be believed, the court denied the motion because it concluded that it did not have the power to set aside the jury’s verdict.

On April 18, 2011, we filed an unpublished opinion (B217011) in which we held that the trial court erred when it ruled that it did not have the power to set aside the verdict. We remanded with directions to rehear and determine appellant’s motion for a new trial in accordance with the principles set forth in the opinion.

Both sides filed petitions for rehearing. We granted the petition filed by appellant because it appeared that there was a substantial question whether the trial court could hear and determine the motion for new trial. The obstacle appeared to be the 60-day time limit, measured from the mailing of the notice *497 of entry of judgment, on the trial court’s power to rule on the motion for new trial. (Code Civ. Proc.,…

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