Maroney v. Iacobsohn
Annotate this CaseIn an automobile accident case, the jury returned a verdict in favor of Plaintiff, apportioning 40 percent of the fault to Plaintiff and 60 percent to Defendant. Defendant moved to recover costs based on Plaintiff’s rejection of an offer to compromise (Code of Civil Procedure 998). Plaintiff responded with a motion to tax costs, which included a file-stamped copy of the judgment as an exhibit, and 22 days later, filed a notice of intention to move for new trial. Defendant opposed the motion, arguing Plaintiff’s notice of intention was untimely and that the trial court’s jurisdiction to rule on the new trial motion had lapsed. Defendant maintained the jurisdictional time period began to run when Plaintiff served Defendant with the file-stamped copy of the judgment as an exhibit to her motion to tax costs. The court stated it would make “a conditional order granting [the] motion for new trial.” The court of appeal dismissed an appeal. There is no statutory authorization for the court to condition the grant of a new trial motion on subsequent appellate review of the jurisdictional issue; the order was a legal nullity.
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