(DOWNLOAD) "Sanchez-Corea V. Bank Of America" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Sanchez-Corea V. Bank Of America
- Author : Supreme Court Of California
- Release Date : January 11, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Plaintiffs Antonio and Lucille Sanchez-Corea and Edward Towers, trustee in bankruptcy, appeal from an order that vacated a $2.1 million judgment in their favor and granted defendant Bank of America's motion for new trial. We initially address the following question: Where the trial court fails to comply with the mandatory statutory requirement (Code Civ. Proc., § 657) that a new trial order state grounds therefor, can such noncompliance -- where it is the result of judicial and not clerical error -- be cured nunc pro tunc? Our conclusion is that it may not. We next inquire whether the defective order is void. Our determination is that the order is not void. Though noncompliance with the statute precludes our upholding the order on the basis of insufficiency of the evidence or excessiveness or inadequacy of damages, we may consider its validity on any other statutory ground for new trial advanced in defendant's motion and supported by the record. After reviewing the record, however, we conclude that there is no ground on which to affirm the order, which therefore must be reversed.
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