Judge: Eddie C. Sturgeon, Case: 37-2019-00030334-CU-OR-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - February 15, 2024

02/16/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2019-00030334-CU-OR-CTL COBB VS. KARAVANTES PROPERTIES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for New Trial, 01/11/2024

Plaintiffs Eugene Cobb's and Jacqueline Cobb's Motion for New Trial is DENIED. On a motion for new trial, the court must evaluate whether any of the identified statutory grounds for new trial are established, and if so, whether those grounds 'materially affect the substantial rights of [the moving] party.' (Code Civ. Proc. § 657.) The court may not grant the motion 'unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.' (Cal. Const., Art. VI, § 3.) A judge who presided over the matter is presumed to have considered the entire record before ruling on the motion. (See Maher v. Saad (2000) 82 Cal.App.4th 1317, 1324.) Here, Plaintiffs have raised three alleged errors with the trial and jury's verdict: (1) the $1.00 in non-economic damages awarded for the intentional misrepresentation was inadequate; (2) the court should have allowed expert testimony regarding Plaintiffs' loss of earnings; and (3) the punitive damage verdict was inconsistent with the jury's finding of intentional misrepresentation. In reviewing the papers and the record in this case, the court does not find that any 'miscarriage of justice' occurred warranting a new trial. The motion is denied.

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