Article 2. New Trials - California Code of Civil Procedure Section 663

663.  A judgment or decree, when based upon a decision by the court,
or the special verdict of a jury, may, upon motion of the party
aggrieved, be set aside and vacated by the same court, and another
and different judgment entered, for either of the following causes,
materially affecting the substantial rights of the party and
entitling the party to a different judgment:
   1. Incorrect or erroneous legal basis for the decision, not
consistent with or not supported by the facts; and in such case when
the judgment is set aside, the statement of decision shall be amended
and corrected.
   2. A judgment or decree not consistent with or not supported by
the special verdict.

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Last modified: February 16, 2015