Does a failure to timely move for a new trial preclude a party from complaining on appeal that the damages awarded were either excessive or inadequate?
California, United States of America
The following excerpt is from Gill v. Varwig, C069565, C070505 (Cal. App. 2014):
7. "A failure to timely move for a new trial ordinarily precludes a party from complaining on appeal that the damages awarded were either excessive or inadequate, whether the case was tried by a jury or by the court. [Citation.]" (Jamison v. Jamison (2008) 164 Cal.App.4th 714, 719.)
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