Concerned Citizens Coalition of Stockton v. City of Stockton

In Concerned Citizens Coalition of Stockton v. City of Stockton (2005) 128 Cal.App.4th 70, an order purporting to grant a new trial (which is appealable) was construed as a denial of a new trial and grant of alternative relief under section 662 (which is not appealable). Even though the order made no mention of section 662, it was construed as an order granting alternative relief under that section because it was "apparent" from the record that granting such relief was what the trial court intended to accomplish. (Concerned Citizens, supra, 128 Cal.App.4th at pp. 78-79.)