Wiley v. Garcia
Plaintiff entered a contract to perform rehabilitation work on a home owned by appellant pursuant to a Department of Housing and Urban Development (HUD) program administered by City of Oceanside (City) as the "local entity." Under the contract, Plaintiff was entitled to progress payments after City approved the work for which payment was sought. Plaintiff applied for payment for the first segment of work he performed, but neither Owners nor City approved the work and Owners declined to pay him. Plaintiff then ceased further work and filed this action. The matter was tried to a jury, which found in favor of Plaintiff.
Owners moved for judgment notwithstanding the verdict (JNOV) or alternatively for a new trial. The court denied the JNOV motion but granted the motion for a new trial. Plaintiff appeals from the new trial order, and Owners cross appeal from the JNOV order.
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