Legal Question in Civil Litigation in California

Re: Damages without proof

You would file a Motion for Judgment Not Withstanding the Verdict. Make sure you can cite the court transcripts or record to support your Motion as well as the supporting Points and Authorities. Please contact me if you need any further assistance.

Re: Damages without proof

That may not be the right title of the Motion (JNOV). Technically, if there is zero evidence the Court must grant the motion. But, like so many things in the law, there is vast judicial discretion in interpretation, etc. There is a vast Court of Appeal system dealing with almost nothing but abuse of judicial discretion.

JOEL SELIK Attorney at Law

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Re: Damages without proof

As Mr. Selik and Mr. Rothman have mentioned, a Motion to Vacate would not be appropriate; instead, you need to bring a Motion for Judgment Notwithstanding the Verdict. This motion is commonly referred to as a Motion for JNOV; the last four letters are an acronym for the Latin equivalent of the English term.

There are strict time limits you need to meet, and you will probably need a transcript of the trial in order to make the motion properly. JNOV arguments are often legally complex, so if you were pro per during the trial you might want to hire a lawyer to help you now.

I specialize in appeals and complex motions. Please feel free to contact me directly if you wish.

Re: Damages without proof

A Judgment N.O.V. motion would be the correct motion. If you are unrepresented get an attorney immediately, you have ten days from the time of the judgment to file. Otherwise you must look to other options. Call me directly at (619) 222-3504.