JSA Depot v. Superior Court
In a prior appeal, this court reversed a $987,000 judgment in favor of two of the petitioners[1] because there was insufficient evidence to support the damages awarded. (See JSA Depot, Inc. v. Foreverlawn Inc. (Aug. 31, 2011, G044164) [nonpub. opn.] (JSA Depot I).) Our disposition stated, “The judgment is reversed. No argument having been made on appeal regarding liability, the matter is remanded for a new trial on the amount of damages only.†(Ibid.)
On remand, the trial court entertained various motions by the parties and eventually issued two pertinent rulings. First, the court granted respondent Foreverlawn, Inc.’s (Foreverlawn) motion to “reinstate†its cross-complaint, which had been voluntarily dismissed by Foreverlawn in the course of the first trial. Second, in response to a motion in limine pertaining to the scope of the retrial, the court ruled it would “allow evidence of liability sufficient to tie to damages in the 8 defined categories [of alleged breaches of contract]. The special verdict shall ask the jury in which of 8 ways the conduct of defendant caused damages.†The court set trial for August 27, 2012.
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