Sanchez-Corea v. Bank of America

38 Cal. 3d 892, 215 Cal. Rptr. 679, 701 P.2d 826 (1985)

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Sanchez-Corea v. Bank of America

California Supreme Court
38 Cal. 3d 892, 215 Cal. Rptr. 679, 701 P.2d 826 (1985)

Facts

Sanchez-Corea (plaintiff) sued Bank of America (BOA) (defendant) for numerous claims and received a $2-million-plus verdict. BOA moved for a new trial and asserted six grounds: (1) irregularity in the jury proceedings; (2) jury misconduct; (3) excessive damages; (4) insufficient evidence; (5) verdict against the law; and (6) error in law to which BOA excepted during trial. Exactly 60 days after notice of entry of judgment, the trial court granted BOA’s motion for new trial in a minute order that failed to specify the grounds or reasons for granting the new trial. Seven days later, the trial court issued a second order granting BOA’s new-trial motion and vacating the judgment. The second order cited and explained the sole ground for granting the motion was insufficiency of the evidence. Sanchez-Corea appealed and argued that the first order was defective, but not void, for its failure to list a ground for granting the new trial, and the second order was invalid, and the court lacked jurisdiction to review it because it was made more than 60 days after entry of the judgment in violation of California Code of Procedure Section 660. Sanchez-Corea also argued that because the second order could not be affirmed on any ground, the order should be reversed and the judgment reinstated. BOA did not file a cross-appeal.

Rule of Law

Issue

Holding and Reasoning (Reynoso, J.)

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