Rosen v. Stovall
Because the trial court erred as to some but not all of the grounds for a new trial, defendant Nancy Stovalls contentions on appeal are largely unavailing. We modify the order to preclude a new trial as to the contract-related causes of action in plaintiff Jeffrey Rosens complaint, to which the delayed discovery rule is factually inapplicable. However, the order is otherwise affirmed and not an abuse of the trial courts discretion to the extent it permits a new trial of the issues resolved adversely to Rosen in Stovalls cross-complaint. Stovall also appeals the underlying judgment awarding her more than $1 million, but resolving issues adversely to her, such as the causes of action for financial elder abuse and breach of a written agreement. Stovall urges that if we permit a new trial, then substantial justice requires a complete new trial with an unhampered opportunity to present the claims in her cross-complaint that were rejected, and not just a new trial on the issues resolved adversely to Rosen. This contention is without merit.
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