Opposing a motion for judgment notwithstanding the verdict (JNOV) in California

Opposing a motion for judgment notwithstanding the verdict (JNOV) in California is the topic of this blog post.  A JNOV motion in California can be opposed on the grounds that substantial evidence supports the verdict so the JNOV motion must be denied, or that the JNOV motion is not timely.

Anyone served with a JNOV motion in California should first make sure that the JNOV motion is timely as it must be filed and served 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.  See Code of Civil Procedure sections 629 and 659.

If the JNOV motion is timely it should then be determined if there is any substantial conflict in the evidence as that is a primary requirement for a JNOV motion in California.

A California Court of Appeal has held that a court must deny a JNOV motion if it finds substantial evidence to support the verdict.  The court must also presume that all of the evidence supporting the verdict is true in ruling on the JNOV motion.

A JNOV motion is fundamentally different from a motion for new trial as the California Supreme Court has stated that the court cannot reweigh the evidence and cannot judge the credibility of witnesses. 

The California Supreme Court has also stated in another case that not only must the court disregard conflicting evidence, it must also draw all reasonable inferences in the winning party's favor.

A California Court of Appeal also stated in a case from over 30 years ago that a JNOV motion is properly denied even when most of the evidence supporting the verdict is circumstantial.

Attorneys or parties in California who would like to view a portion of a sample opposition to a California motion for judgment notwithstanding the verdict that contains a memorandum of points and authorities, proposed order and proof of service by mail that is sold by the author can use the link shown below.

Sample opposition to motion for judgment notwithstanding the verdict

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.

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.

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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.