California Code of Civil Procedure

§ 662.5

CCP § 662.5 Effective Jan 1, 2012Title 8 · Part 2 · Ch. 7 · Art. 2

Statute text

(a)In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in its discretion:

(1)If the ground for granting a new trial is inadequate damages, issue a conditional order granting the new trial unless the party against whom the verdict has been rendered consents to the addition of damages in an amount the court in its independent judgment determines from the evidence to be fair and reasonable.

(2)If the ground for granting a new trial is excessive damages, issue a conditional order granting the new trial unless the party in whose favor the verdict has been rendered consents to the reduction of so much thereof as the court in its independent judgment determines from the evidence to be fair and reasonable.

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Legislative history

Amended by Stats. 2011, Ch. 409, Sec. 2. (AB 1403) Effective January 1, 2012.