Hernandez

Hernandez v. First Student, Inc.

Bad Law
249 Cal. Rptr. 3d 681·37 Cal. App. 5th 270
Court of Appeal of CaliforniaJune 11, 2019B281161California6,979 words

Opinion

Lead Opinion

Stratton, J.

*273 This appeal arises from a wrongful death action brought by Karen Hernandez and Sergio Saravia (appellants), the parents of 13-year-old Jonathan Hernandez, after Jonathan was struck and killed by a school bus while riding his bicycle in Glendale. The school bus was owned by defendant and respondent First Student, Inc., and driven by defendant and respondent Barbara Calderon. The jury found Jonathan 80 percent liable for the accident, and awarded $250,000 in damages. Jonathan's parents filed a lengthy and detailed motion for a new trial on the grounds of juror misconduct, erroneous evidentiary and instructional rulings and attorney misconduct. The trial court issued a 25-page ruling denying the motion. This appeal followed.

Appellants make numerous claims of error in their voluminous opening brief, but they have forfeited almost all those claims. Appellants' primary claim is that the trial court erred in denying their motion for a new trial. While it is the duty of the appellate court in reviewing the denial of a new trial motion to review the entire record, it is the appellants' duty to make a cognizable argument on appeal as to why the trial court abused its discretion *274…

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