• Archives

  • Blog Stats

    • 666,331 hits
  • Categories

California motion for judgment notwithstanding the verdict (JNOV) in an unlawful detainer (eviction) case

A California motion for judgment notwithstanding the verdict (JNOV) in an unlawful detainer (eviction) case is the topic of this blog post. JNOV motions in California are authorized under Code of Civil Procedure section 629. JNOV motions are much more limited in scope than a motion for new trial however they are an even more powerful tool if used in the right situations as a JNOV motion challenges the legal sufficiency of the evidence at trial, thus prevailing on the motion results in a new and different judgment in favor of the moving party.

A JNOV is fundamentally different from a motion for a new trial as a JNOV motion consists of a single document. The entire motion, including the notice of motion and memorandum of points and authorities, is due at the same time as the notice of intent to move for a new trial.

Code of Civil Procedure § 629 states in pertinent part that, “The court, before the expiration of its power to rule on a motion for a new trial, either of its own motion, after five days’ notice, or on motion of a party against whom a verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made.”

A motion for judgment notwithstanding the verdict may be filed in an eviction case in California as Code of Civil Procedure § 1177 states that, “Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter.”

Because new trial and JNOV motions are often sought concurrently, the time limit for filing the JNOV motion is exactly the same as the time for filing a notice of intent to move for a new trial. A JNOV motion must be filed and served on all adverse parties within the period for filing a new trial notice of intent under Code of Civil Procedure Section 659 which is within 15 days of the date of mailing notice of entry of judgment by the clerk of the court, or service upon the moving party by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. This time period cannot be extended by any court or any stipulation.

Because a JNOV contemplates entry of a new and different judgment, a proposed judgment should be included with the motion or be submitted at the time of hearing at the latest. Prompt compliance is extremely important because the trial court has a very limited time in which to act on the motion for JNOV.

The main limitation to the JNOV is that the trial court’s power to grant a motion for JNOV is severely limited as the case law in California is very clear that a trial court may not grant a JNOV unless there is an actual verdict.

However if no substantial evidence supports the jury’s verdict a JNOV must be granted as one California Court of Appeal has stated that the purpose of a motion for judgment notwithstanding the verdict is not to afford a review of the jury’s deliberation but to prevent a miscarriage of justice in those cases where the verdict rendered is without foundation.

Attorneys and parties in California who would like to view a portion of a sample 13 page motion for judgment notwithstanding the verdict for an eviction case containing brief instructions, memorandum of points and authorities with citations to case law and statutory authority, proposed order granting judgment notwithstanding the verdict and proof of service by mail sold by the author can see below.

Attorneys or parties in California that would like more information on a California eviction litigation document package containing over 25 sample documents including a sample motion for judgment notwithstanding the verdict and selling for only $69.99 can use the link shown below.

http://legaldocspro.net/california-eviction-litigation-document-package/

Attorneys or parties who would like to view portions of over 300 sample legal documents for California and Federal litigation sold by the author of this blog post can use the link shown below.

http://www.scribd.com/LegalDocsPro

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 255 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing.  Just visit http://freeweeklylegalnewsletter.gr8.com/for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to: http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

Advertisements

What is your opinion?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: