Karnezis v. Clark
When a trial judge grants a motion for new trial in a civil case concluding that the evidence was insufficient to support a jurys finding, is the court required to identify the facts relied on by the judge in so ruling? We conclude that Code of Civil Procedure section 657 (section 657) requires that the written order granting a new trial motion must include a specification of the facts upon which the decision is based.
In this case, the trial courts order granting the motion for new trial simply stated that the evidence as presented by the parties is insufficient to justify the jurys verdict of non-negligence of [d]efendant . . . . This conclusory statement is inadequate to satisfy section 657s mandate that the court specify the . . . reason or reasons for granting the new trial. . . . ( 657.) Accordingly, Court reverse.
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