Glendale Fed. Sav. & Loan Assn. v. Marina View Heights Dev. Co., Inc

In Glendale Fed. Sav. & Loan Assn. v. Marina View Heights Dev. Co., Inc. (1977) 66 Cal. App. 3d 101, the Court of Appeal for the Fourth Appellate District, Division Two held: "Preliminarily we point out that a failure to move for a new trial ordinarily precludes a party from complaining on appeal that the damages awarded were either excessive or inadequate, whether the case was tried by a jury or a court without a jury. The rule is a sound one. The trial court is in a better position than a reviewing court to determine whether a jury verdict was influenced by passion or prejudice. Moreover, the power to weight the evidence and resolve issues of credibility is vested in the trial court, not the reviewing court. Consequently, where the ascertainment of the amount of damages requires resolution of conflicts in the evidence or depends on the credibility of witnesses, the award may not be challenged for inadequacy or excessiveness for the first time on appeal. To permit a party to do so without a motion for new trial would unnecessarily burden reviewing courts with issues which can and should be resolved at the trial court level. "