Carney v. Simmonds

In Carney v. Simmonds (1957) 49 Cal.2d 84, 88-91, 315 P.2d 305, the California Supreme Court made it clear that the term is to be broadly construed, so that a new trial may properly be granted where issues of law, as well as issues of fact, are tried. Accordingly, the Supreme Court approved using motions for new trial in a wide variety of situations, including judgments of dismissal after a demurrer has been sustained; judgments of dismissal generally; judgments on the pleadings; judgments on agreed statements of ultimate facts; sustaining of objections to the introduction of evidence for reasons including failure of the complaint to state a cause of action, followed by a judgment for the defendant; judgments of nonsuit; and judgments on directed verdicts. (Ibid.)