III. TRIAL, JUDGMENT, AND POST-TRIAL MOTIONS

Question 1

In her complaint, P claims damages of $100,000. Does that limit the amount she can recover if the case goes to trial?

Answer 1

No, She can recover whatever the evidence supports

Question 2

In her complaint, P claims damages of $15,000. Does that limit the amount she can recover if the case goes to trial?

Answer 2

No, but in a limited civil trial you can only recover up to 25K

Question 3

You get a jury to determine issues of fact relating to causes of action at law, not equity. If case involves both law and equity, jury determines the facts on the law cause of action and judge determines the facts on the equity cause of action. BUT, unlike federal court, generally here which one come first?

Answer 3

You try the facts on the equity cause of action first. California’s Equity first doctrine

Question 4

P’s complaint states an equity cause of action, for an injunction against future trespass, and also seeks incidental damages for past trespass. In federal court there is a right to have a jury determine the facts relating to damages. What about in California state courts?

Answer 4

There is no jury at all. The damages are merely incidental to the equity cause of action. This is called the equity clean up doctrine.

Question 5

A party must “announce” her demand for jury at the time the case is set for trial or within ____ days after notice of the setting of trial. Usually, this is made in the case management statement. Failure to demand constitutes ______.

Answer 5

5; waiver

Question 6

In state court, there are ____________ jurors in civil cases unless the parties agree in open court to a lesser number.

Answer 6

12

Question 7

If a juror is excused for illness or other reason, an alternate juror takes her place. If there is no alternate, trial continues unless a what?

Answer 7

A party objects

Question 8

In the voir dire process, each party is entitled to ____ peremptory challenges and ______ challenges for cause.

Answer 8

6; unlimited

Question 9

Peremptory challenges may not be used on the basis what?

Answer 9

of “race, color, religion, sex, national origin, sexual orientation, or similar grounds.” Broader than in federal court. (federal court only race or gender)

Question 10

In federal court, the jury verdict must be unanimous unless the parties agree otherwise. In state court, what is required?

Answer 10

3/4 of the jurors

Question 11

This is what the federal courts call motions for judgment as a matter of law (JMOL). Standard: reasonable people could not disagree as to the result. Parties can move for this only at the close of all evidence. What does CA call JMOL?

Answer 11

Directed Verdict

Question 12

If D moves for this at the close of P’s opening statement or at the close of P’s evidence at trial, it is often called

Answer 12

directed verdict.

Question 13

Does a party in state court need to make a motion for judgment not withstanding the verdict need to make a motion for directed verdict at trial?

Answer 13

No

Question 14

What is the basis for granting a motion for a new trial?

Answer 14

Same as in federal court: something convinces the court that the parties should retry the case. Proper only if the court concludes “that the error complained of has resulted in a miscarriage of justice.”

Question 15

One ground for new trial is excessive or inadequate damages. What is the standard for ordering new trial on this ground?

Answer 15

the damages figure shocks the conscience.

Question 16

What is Remittitur?

Answer 16

When P gets a judgement that shocks the conscience because it is too high, the court can give P a choice: take a lesser amount (which the court sets) or go through new trial.

Question 17

Is Remittitur allowed at the federal level? Is it allowed at the state level.

Answer 17

Yes

Question 18

What is Aditur?

Answer 18

P suffered very serious harm, but the jury
awarded low damages that the court finds shocks the conscience. It can order new trial or offer additur. This gives D a choice: pay a greater amount in damages (which the court sets) or go through new trial.

Question 19

Is additur OK in state and federal court?

Answer 19

IT is OK in state. It is unconstitutional in federal court. It violates the 7th amendment that does not apply to the state.

Question 20

Like federal courts, California follows the ______judgment rule. So generally one cannot appeal until the merits of the entire action are resolved.

Answer 20

final

Question 21

P sues D-1 and D-2. The trial court enters summary judgment in favor of P against D-2. That would not be a final judgment in federal court because the cause of action by P against D-1 is still pending. In state court, is it in state court?

Answer 21

In state court a judgment as to one of several parties is considered a final judgment and can be appealed.

Question 22

What orders are appealable on interlocutory (non-final review?

Answer 22

• • Order granting a motion to quash service of summons;
• • Order granting a dismissal or stay of a case for forum non conveniens;
• • Order granting new trial;
• • Order denying a motion for JNOV;
• • Order denying (not granting) certification of an entire class action;
• • Order granting, dissolving, or refusing to grant or dissolve an injunction;
• • Order directing party or attorney to pay monetary sanctions of over $5,000.

Question 23

If an order is not otherwise appealable, the aggrieved party may seek a writ of mandate (to compel a lower court to do something the law requires) or prohibition (to stop a lower court from doing something the law does not allow). Is this an appeal? What is it called?

Answer 23

Technically, no. An extraordinary writ.

Question 24

Party seeking extraordinary writ must demonstrate:

Answer 24

(1) that she will suffer irreparable harm if the writ is not issued (i.e., lowercourt result is unusually harsh or unfair),
(2) the normal route of appeal from final judgment is inadequate,
(3) she has a beneficial interest in the outcome of the writ proceeding.