CA Motion Practice

Question 1

What are the 3 motions that test the sufficiency of a party’s cause of action?

Answer 1

Motion for NON SUIT
Motion for JNOV (Judgement Notwithstanding a Verdict)
Motion for Directed Verdict (JMOL)

Question 2

What is the standard for:
Motion for NON SUIT
Motion for JNOV (Judgement Notwithstanding a Verdict)
Motion for Directed Verdict (JMOL)

Answer 2

“Reasonable people could not disagree on the result.”

Standard = nearly identical. Timing = different

Question 3

What does a Motion for Nonsuit ask the court to do?

Answer 3

1. Motion for nonsuit: At early stage of trial – after P’s opening statement or P’s presentation of evidence.

After P’s opening statement the court can be moved to determine if the facts legally are insufficient to establish 1+ elements.

After P’s evidence = disregarding conflicting evidence + giving P all value + indulging every inference that may be drawn in P’s favor - no evidence supports a verdict for P.

b. Standard Same as nonsuit after evidence
“Reasonable people could not disagree on the result.”

Question 4

What does a court determine when a Motion for Nonsuit is filed after P’s opening statement?

Answer 4

After opening = facts legally insufficient to establish 1+ elements.

Question 5

What does a court determine when a Motion for Nonsuit is filed after P’s evidence is presented?

Answer 5

After P’s evidence = disregarding conflicting evidence + giving P all value + indulging every inference that may be drawn in P’s favor - no evidence supports a verdict for P.

b. Standard Same as nonsuit after evidence
“Reasonable people could not disagree on the result.”

Question 6

When does a party file for a Motion for Directed Verdict:(Same as JMOL) and what is the result?

Answer 6

Motion for Directed Verdict:(Same as JMOL) ONLY after all parties have presented evidence. Ct takes case away from jury. Can be granted on partial or full basis.
Standard = same as nonsuit. Takes verdict away and gives it to the other pty.
“Reasonable people could not disagree on the result.”

Question 7

Motion for JNOV (Judgement Notwithstanding a Verdict)

Answer 7

“Reasonable people could not disagree on the result.”

Question 8

When is it appropriate to file for a Motion for JNOV (Judgement Notwithstanding a Verdict)

Answer 8

Motion for JNOV: After jury returns verdict, w/in time to serve/file ntc of intent to move for new trial.

Pty or crt challenge legal sufficiency of opposing side’s evidence.

Standard = evidence insuff to support verdict in favor of nonmoving pty.

Takes verdict away and gives it to the other pty.“Reasonable people could not disagree on the result.”

Question 9

What is the evidence standard in a Motion for Directed Verdict (JMOL)?

Answer 9

Standard = evidence insuff to support verdict in favor of nonmoving pty.
“Reasonable people could not disagree on the result.”

Question 10

Motion for Directed Verdict (JMOL)

Answer 10

“Reasonable people could not disagree on the result.”

Question 11

What occurs when the court finds for the movant of a Motion for Directed Verdict (JMOL)

Answer 11

Takes verdict away and gives it to the other pty.

Question 12

When would a party file a FED Motion for Directed Verdict (JMOL)?

Answer 12

[F] Motion for JMOL: 1 pty files motion after other side has been heard at trial – contending “reasonable ppl could not disagree on the result” and asks for JMOL.

P did not prove case at trial and D is entitled to JMOL. Can be made any time before jury submission after a side has presented all evidence. Jdg can take under submission. Must be made to preserve right to RJMOL.

Question 13

When is it proper to file a Renewed Judgment as a Matter of Law (RJMOL) and what is the result of this motion?

Answer 13

[F] Renewed motion for JMOL: RJMOL.
A RJMOL is a Second chance at a JMOL and MUST ONLY raise issues from original JMOL.

Occurs after jury reached verdict. Same basis. Made w/in 28 days after entry of judgment. Take victory from one side and give to the other side.

Question 14

When is it proper to file a Motion for New Trial in CA court.

Answer 14

• Motion for New Tial: [similar to Fed]
After Trial: asks trial ct to reexamine 1 or more issues after trial taken and verdict rendered.

Judge re-weighs evidence acting like trier of fact.

Motion based on ground that evidence is insufficient to justify verdict or excessive/inadequate damages.

Question 15

What is the court asked to reweigh in a Motion for New Trial in CA court?

Answer 15

After Trial, Judge re-weighs evidence acting like trier of fact. Motion based on ground that evidence is insufficient to justify verdict or excessive/inadequate damages.

Question 16

What occurs when a court finds in favor of a Motion for New Trial in CA court for remittitur what

Answer 16

Remitter: Judge offers new trial or lower award if he believes jury’s compensatory damages are so excessive as to shock the conscience

Question 17

What results when a court finds in favor of a Motion for New Trial in CA court for additur?

Answer 17

Additur: Judge believes damages are too low. May not offer D choice of higher award, only new trail. [NOT AVAIL IN FED]

Question 18

What must a party do prior to Motion for New Trial in CA court?

Answer 18

Must file NOTICE OF INTENT to move before entry of judgment, w/in 15 days of clerk’s mailing of ntc of judgment, OR w/in 15 days after another pty has moved for a new trial.

Question 19

What are the grounds for a Motion for New Trial in CA court?

Answer 19

Grounds= error during trial; jury misconduct; newly discovered evidence unable to be discovered earlier by reasonable diligence unfair (prejudicial, not harmless) error; accident or surprise during trial; insuff evid to justify verdict; verdict against law; error in law; excessive/ inadequate damages.

Question 20

[Federal] Motion for a new trial:

Answer 20

Similar to CA except no additur.

Question 21

What is a bench trial?

Answer 21

BENCH TRIAL BASICS: [CA] Judge = trier of fact. Mtn for judgment = after pty’s presentation of evidence.

Question 22

What is the result of a Bench Trial?

Answer 22

If entered must issue Statement of Decision.
Tentative decision = trial -> 1 day requires tent decision orally/writing.
SOD: not req’d unless requested w/in 10 days of court’s announcement of tent decision.

Question 23

FED–What is the final judgment rule in federal court?

Answer 23

APPEALS - FINAL JUDGMENT RULE:

Only final order and final judgments (ultimate decision by the trial court that disposes of the entire case on its merits) may be appealed.

Exceptions = injunctions, class certification, discretionary certification under appeals act. No new facts, legal issues/theories, or procedural flaws failed to raise in lower court.

Question 24

FED–What is the timing for final judgment rule in federal court? in CA court?

Answer 24

Timing: may appeal w/in 30 days ([CA] 60 days) of final judgment. Exception = post trial motion -> runs upon final disp of mtn. [CA] Untimely ntc of appeal MUST be dismissed.

Question 25

How does the final judgment rule for appeals apply to CA courts?
Unlimited
Limited
Small Claims

Answer 25

[CA] Unlimited cases reviewed by CA Court of Appeals.

Limited by appellate division of superior court unless SP certifies for appeal to CA Court of Appeal.

Small claims only D can appeal to Sup CT (trial de novo). SC judgment NOT appealable.

Question 26

FED–What are the exceptions to the final judgment rule in federal court?

Answer 26

Exceptions = injunctions, class certification, discretionary certification under appeals act. No new facts, legal issues/theories, or procedural flaws failed to raise in lower court.

Question 27

CA What is the timing and the exceptions to the final judgment rule in CA court?

Answer 27

Timing: may appeal w/in 60 days of final judgment.

Exception = post trial motion -> runs upon final disp of mtn.

[CA] Untimely ntc of appeal MUST be dismissed.

Question 28

[CA] Unlimited cases are reviewed by…?

Answer 28

[CA] Unlimited cases reviewed by CA Court of Appeals.

Question 29

limited cases are reviewed by…?

Answer 29

Limited by appellate division of superior court unless SP certifies for appeal to CA Court of Appeal.

Question 30

Small claims cases are reviewed by…?

Answer 30

Small claims only D can appeal to Sup CT (trial de novo). SC judgment NOT appealable.

Question 31

Standards of Review for trial judge’s rulings alleged to be erroneous for…

Answer 31

a. Standards of Review for trial judge’s rulings alleged to be erroneous for…
i. Matters of law – de novo review (appellate ct’s judgment substitutes trial judge’s)
ii. Findings of fact (non-jury) – not disturbed unless clearly erroneous. Jury: appeal ct affirms unless reasonable persons could not have made that finding.
iii. Mixed questions – de novo review/clearly erroneous rev if factual issues predominate.
iv. Discretionary matters – (rulings in trial judge’s discretion) – abuse of discretion (overturned if clearly wrong).

Question 32

Standards of Review for trial judge’s rulings alleged to be erroneous for Matters of law are for 4 basis…?

Answer 32

Standards of Review for trial judge’s rulings alleged to be erroneous for…

i. Matters of law
ii. Findings of fact
iii. Mixed questions
iv. Discretionary matters

Question 33

Standards of Review for trial judge’s rulings alleged to be erroneous for Findings of fact (non-jury) are…

Answer 33

Findings of fact (non-jury) – not disturbed unless clearly erroneous. Jury: appeal ct affirms unless reasonable persons could not have made that finding.

Question 34

Standards of Review for trial judge’s rulings alleged to be erroneous for Mixed questions…

Answer 34

Mixed questions – de novo review/clearly erroneous rev if factual issues predominate.

Question 35

Standards of Review for trial judge’s rulings alleged to be erroneous for Discretionary matters

Answer 35

Discretionary matters – (rulings in trial judge’s discretion) – abuse of discretion (overturned if clearly wrong).

Question 36

[CA] When is there a Basis for Reversal/Modification?

Answer 36

b. [CA] Basis for Reversal/Modification: App Ct only reverses or modifies trial court’s prejudicial error. Prejudicial Error = miscarriage of justice -> probable that result more favorable to appealing pty reached in absence of error.

Question 37

[CA] When there is a Basis for Reversal/Modification on prejudicial error it is because

Answer 37

b. [CA] Basis for Reversal/Modification: App Ct only reverses or modifies trial court’s prejudicial error. Prejudicial Error = miscarriage of justice -> probable that result more favorable to appealing pty reached in absence of error.

Question 38

[CA] Basis for Reversal/Modification is determined in 3 ways–

Answer 38

b. [CA] Basis for Reversal/Modification: App Ct only reverses or modifies trial court’s prejudicial error. Prejudicial Error = miscarriage of justice -> probable that result more favorable to appealing pty reached in absence of error.
(1) Burden on appellant to show actual error.
(2) Reversible Error Per Se: presumed to be prejudicial – erroneous denial of req for jury trial, err restriction on right of cross-exam, and judicial bias.
(3) Invited Error: appellant invited error by deliberate conduct in trial court.

Question 39

[CA] An error that is not a Basis for Reversal/Modification is __________ because______________?

Answer 39

Harmless Error: any error not resulting in miscarriage of justice = harmless.

Question 40

[CA] Basis for Reversal/Modification:

Answer 40

b. [CA] Basis for Reversal/Modification: App Ct only reverses or modifies trial court’s prejudicial error. Prejudicial Error = miscarriage of justice -> probable that result more favorable to appealing pty reached in absence of error.
(1) Burden on appellant to show actual error.
(2) Reversible Error Per Se: presumed to be prejudicial – erroneous denial of req for jury trial, err restriction on right of cross-exam, and judicial bias.
(3) Invited Error: appellant invited error by deliberate conduct in trial court.
ii. Harmless Error: any error not resulting in miscarriage of justice = harmless.