California, United States of America
The following excerpt is from Hand Electronics, Inc. v. Snowline Joint Unified School Dist., 21 Cal.App.4th 862, 26 Cal.Rptr.2d 446 (Cal. App. 1994):
Thus, the court's November 1, 1991, specification of reasons for granting the motion for new trial was untimely and void. The October 15, 1991, minute order granting the motion for new trial did not state any grounds or reasons for the decision to grant a new trial. Under such circumstances, we are precluded under section 657 from affirming the order on the grounds of insufficiency of the evidence or excessive damages. ( 657; Neal v. Montgomery Elevator Co. (1992) 7 Cal.App.4th 1194, 1198, 9 Cal.Rptr.2d 497.) 5
Jury Instruction on Replacement Costs. An order granting a new trial which does not specify grounds is defective, but not void under section 657. (Sanchez-Corea v. Bank of America (1985) 38 Cal.3d 892, 901, 215 Cal.Rptr. 679, 701 P.2d 826.) "On appeal from an order granting a new trial the order shall be affirmed if it should have been granted upon any ground stated in the motion, whether or not specified in the order or specification of reasons, except that (a) the order shall not be affirmed upon the ground of the insufficiency of the evidence to justify the verdict or other decision, or upon the ground of excessive or inadequate damages, unless such ground is stated in the order granting the motion and (b) on appeal from an order granting a new trial upon the ground of the insufficiency of the evidence to justify the verdict or other decision, or upon
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Thus, we examine whether any ground, other than insufficiency of the evidence or excessive damages, supports the trial court's order granting the motion for new trial. (Sanchez-Corea v. Bank of America, supra, 38 Cal.3d at p. 900, 215 Cal.Rptr. 679, 701 P.2d 826.) Snowline argues that the order granting a new trial should be affirmed on the ground of error in law because the trial court erred in instructing the jury on replacement costs, when the proper measure of damages was the fair market value of the equipment.
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