Trial, judgment, post-trial motions

Question 1

Trial

Answer 1

1. damages at trial are not limited by complaint, are whatever evidence supports (like fed cts.)
   i. in limited civil cases, no claimant can recover over $25k

Question 2

Jury trial

Answer 2

1. no 7th Am. right to jury trial, but granted by CA constitution
2. same equity-law split
   i. jury tries claims of law, but not equity
   a. includes causes of action incidental to that claim (ex. incidental damages for a complaint arising out of an equitable cause of action)
   ii. if a case contains both, separate the causes of action
   iii. jury decides facts underlying both law and equity
   iv. in CA: equitable issues are tried first
   a. try facts on equity cause of action before trying law cause of action with jury
3. equity cleanup doctrine:
   i. equity has the authority to adjudicate the injunction and the incidental damages
   ii. i.e. no jury for incidental damages for injunctions (or other equitable causes of action)
4. party must announce their demand for a jury trial:
   i. orally or in writing
   ii. on the date the case is set for trial, or within five days after notice of the setting of trial
   a. usually made in the case management statement
   iii. failure to demand constitutes waiver

Question 3

Jury selection (voir dire)

Answer 3

1. unlimited challenges for cause
2. 6 peremptory challenges per party (vs. federal 3 per side, shared by co-parties)
   i. cannot be used on the basis of race, gender, color, national origin, religion, sexual orientation, or similar grounds (broader than federal protection: gender, race)
3. number of jurors: 12 jurors unless agreed otherwise
   i. if a juror is excused, replaced by alternate juror
   ii. if no alternate juror, trial continues absent an objection

Question 4

Jury Verdict

Answer 4

1. jury verdict requires 3/4 (not unanimous, 9 of 12)

Question 5

Motions after trial – directed verdict

Answer 5

1. state version of JMOL
2. move at the close of all evidence
   i. if defendant moves at the close of plaintiff’s opening statement or at the close of plaintiff’s evidence at trial, it is called a motion for non-suit

Question 6

Motions after trial – motion for judgment notwithstanding the verdict (JNOV)

Answer 6

1. state version of RJMOL
2. timing: must file notice of intention to move:
   i. before entry of judgment, or
   ii. the earlier of
   a. 15 days of mailing or service of notice of entry of judgment
   b. 180 days after entry of judgment
3. no prerequisite: party moving for JNOV did not need to move for directed verdict at trial to preserve it

Question 7

Motions after trial – motion for new trial

Answer 7

1. same as federal court
2. timing: must file notice of intention to move:
   i. before entry of judgment, or
   ii. the earlier of
   a. 15 days after mailing or service of notice of entry of judgment
   b. 180 days after entry of judgment
3. new trial can be ordered if jury’s damages figure shocks the conscience
   i. CA courts can use both remittitur or additur (federal courts cannot use additur)

Question 8

Motions after trial - motion to set aside judgment

Answer 8

1. motion to set aside a motion or judgment
2. grounds:
   i. mistake
   ii. inadvertence
   iii. surprise
   iv. excusable neglect
   v. service of process did not result in actual notice of the case
3. must be made within reasonable time, but maximum 6 months after entry of judgment
4. court must set aside the judgment if the party’s application is accompanied by:
   i. lawyer’s affidavit of his own mistake, inadvertence, or neglect

Question 9

Motions after trial – expedited jury trial

Answer 9

1. mandatory for most limited cases
2. voluntary for unlimited cases
3. method:
   i. 8 jurors, 75% agreement required for verdict (6/8)
   ii. 4 peremptory challenges per side
   iii. each side has 5 hours to complete their part of voir dire and present its case
   iv. parties may agree regarding number of witnesses, evidence to be presented, etc.
   v. parties may enter a high/low agreement, setting out ∆’s minimum and maximum liability
   a. jury is not told of the high/low range
4. appeals:
   i. mandatory expedited jury trial: regular appeal rights apply
   ii. voluntary expedited jury trial: very limited right to appeal (judge misconduct, corruption)