Und Hier Kommt der Twist!

Maroney v. Iacobsohn, No. B249890 (D2d3, opinion after rehearing Jun. 4, 2015)

An auto accident plaintiff won a jury verdict but received far less in damages than she thought she deserved. So she moved for a new trial on damages. In ruling on the motion, the trial court said it would have granted the motion, but for the fact that the hearing occurred too late and thus that it lacked jurisdiction. So it “conditionally granted” the motion, subject to plaintiff’s appeal on the jurisdiction issue. The court of appeal rules that the trial court was wrong on the jurisdictional issue. But that doesn’t mean plaintiff gets her new trial.