Kaushansky v. Stonecroft Attorneys, APC (2025)

Citation: Kaushansky v. Stonecroft Attorneys, APC (2025)
Parent Document: Kaushansky v. Stonecroft Attorneys, APC (2025)
Jurisdiction: California (state)
Effective Date: 2025-03-14
Original Source: https://www.courtlistener.com/opinion/10356658/kaushansky-v-stonecroft-attorneys-apc/ ↗

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receiving a fair trial. A reversal under these circumstances
informs the trial court that a proper motion for new trial, had it
been made, should have been granted. However, a reversal for
insufficiency of the evidence is based on the fact that the
plaintiff’s evidence does not, as a matter of law, support the
plaintiff’s cause of action. When a judgment for the plaintiff is
reversed for insufficiency of the evidence the appellate court is, in
effect, advising the trial court that a nonsuit, directed verdict or
[judgment notwithstanding the verdict] should have been
entered.” (Ibid.)
       “When the plaintiff has had full and fair opportunity to
present the case, and the evidence is insufficient as a matter of
law to support plaintiff’s cause of action, a judgment for
defendant is required and no new trial is ordinarily allowed, save
for newly discovered evidence. [Citations and footnote omitted.]
When trial courts grant nonsuits or judgments notwithstanding
the verdict based on insufficiency of the evidence and are
affirmed on appeal, new trials do not follow as a matter of course.
Certainly, where the plaintiff’s evidence is insufficient as a
matter of law to support a judgment for plaintiff, a reversal with
directions to enter judgment for the defendant is proper.
[Citations.] It is anomalous to end the case when the trial court
correctly enters a nonsuit or [judgment notwithstanding the
verdict] on the ground that the plaintiff has, as a matter of law,
failed to prove a cause of action, but to allow plaintiff another
trial when the appellate court makes the same determination,
since the standard applied by the respective courts is virtually
identical.” (McCoy, supra, 227 Cal.App.3d at p. 1661; cf.
Garretson, supra, 99 Cal.App.4th at pp. 571-575 [affirming grant

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