Post Trial / Preclusion

Question 1

JNOV Differences

Answer 1

Timing:
Fed: Within 28 days of entry of judgment
CA: Notice of intention required 2within 14 days of notice of entry of judgment or 180 days after actual entry if no notice

Waiver of Right to Move
Fed: Yes if JMOL not brought at trial
CA: No waiver if JMOL not brought

Question 2

Additur

Answer 2

FED: Not allowed
CA: Allowed

Question 3

Final Judgment Rule

Answer 3

FED: no decisions left on the merits
CA: disposing of all causes of action

Question 4

Appeal Timing

Answer 4

FED: Within 30 days of entry of judgment
CA: Within 60 days of notice of judgment or 180 days of entry of judgment if no notice

Question 5

Grounds of interlocutory appeals in CA

Answer 5

1. Granting New Trial (not denying)
2. Granting (not denying) Motion to Quash Service of Summons
3. Granting Dismissal or Stay for Forum Non Conveniens
4. Denial of JNOV
5. Monetary Sanctions over $5000

Question 6

Final Judgment for Purpose of Preclusion

Answer 6

FED: Final judgment on the merits even if on appeal
CA: Finaly judgment on the merits with no possibility of appeal –> (does not include SoL dismissal)

Question 7

Same Claim for Purposes of Claim Preclusion

Answer 7

FED: Same transaction or occurrence
CA: Primary Rights Theory: Causes of action for personal injury and personal property are seperate legal rights not subject to claim preclusion