California Court of Appeal

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Montoya v. Barragan, B237495

The trial court's order granting plaintiffs' new trial motion, following the jury's declaration of a mistrial, in an action alleging wrongful death and medical malpractice, is affirmed, where: 1) the trial court's grant of the new trial motion was proper based upon irregularity in the proceedings; and 2) the trial court's statement of reasons for granting the new trial was sufficient.

Appellate Information

  • Decided 10/29/2013
  • Published 10/29/2013




  • California Court of Appeal