Can you move for a new trial when your case was disposed of by summary judgment? This question undoubtedly causes some degree of cognitive dissonance in many lawyers: a new trial when there was no trial?
But the answer is “yes.”
A reminder comes in the form of Doe v. United Airlines, case no. B192865 (2d Dist. Mar. 20, 2008). After United successfully moved for summary judgment, Doe moved for a new trial on the ground of “newly discovered evidence” that purportedly raised a triable issue of fact precluding summary judgment.
Not that it ultimately did her any good. The court of appeal holds that the trial court abused its discretion in granting the new trial motion and affirms on plaintiff’s protective cross-appeal from the grant of summary judgment.
There are lots of post-trial and appellate tidbits in this case. Nothing new, just well-established principles for which the case provides a reminder. I’ll probably be putting up separate posts on them (or consolidate them into a new post) in the next few days.
SUMMARY JUDGMENT might well be un Constutional. Read this link and think about it.