Demurrer (re Complaint)
Ybarra’s current financial condition during the Trial-a prerequisite under California law for any punitive damages award-and as the jury’s punitive damages award was excessive and improper.”
(ROA 473, at p. 3, lines 8-16; ROA 476, at p. 3, lines 11-19; ROA 469, at p. 3, lines 13-21.)
Moving Defendants fail to support their arguments. There is no apparent defect in the verdict and the evidence presented at trial appears sufficient to support the verdict rendered by the jury.
The court further notes that Moving Defendants failed to submit the trial record, which the court is required to review if a new trial is granted based upon the ground of insufficiency of the evidence. (See Code Civ. Proc., § 657 [“A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict ..., unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the ... jury clearly should have reached a different verdict or decision.”]; see also Lane v. Hughes Aircraft Co. (2000) 22 Cal.4th 1152A, as modified (May 10, 2000) [“there must be substantial evidence in the record to support [the] reasons [for granting a new trial]”].) Here, Moving Defendants merely submit a copy of the Judgment.
In sum, each motion is DENIED. Plaintiff to give notice.
9 Vanderham vs. Demurrer (re Complaint) Pryor OFF-CALENDAR. (See 7/1/26 Minute Order [vacating hearing after moving party filed notice of withdrawal].)
10 The Regents of the Demurrer (re Complaint) University of Motion to Strike Portions Of Complaint California, UC Irvine Medical Center vs. Kaiser
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