New Trial Grants: Gotta State Reasons

Here's a published opinion from 4/3 that addresses many interesting things, including new trial orders:

The trial court granted defendants’ motion for new trial on the sole ground of excessive damages and it did so within the statutory time frame of 60 days. (§ 660.) Thus, the order is not “void.” However, the trial court did not file a statement of reasons within 10 days, which is required by statute. (§ 657.) Thus, the order is “defective.” Defendants concede that the order granting a new trial is “defective,” but they argue that the new trial order can be affirmed on other grounds. We disagree and reverse the order.

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“When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted and the court’s reason or reasons for granting the new trial upon each ground stated.” (§ 657.) “If an order granting such motion does not contain such specification of reasons, the court must, within 10 days after filing such order, prepare, sign and file such specification of reasons in writing with the clerk.” (§ 657.) This 10-day period acts as a sort of statute of limitations. (Mercer v. Perez (1968) 68 Cal.2d 104, 121.) If the court files a statement of reasons beyond the 10-day period, the statement is then “an act in excess of jurisdiction and is therefore a nullity.” (La Manna v. Stewart (1975) 13 Cal.3d 413, 418.) The order granting the new trial must then ordinarily be reversed. (Id. at p. 429.)