California § 662.5. 662.5. (Amended by Stats. 2011, Ch. 409, Sec. 2.)

California Statutes

§ 662.5. — 662.5. (Amended by Stats. 2011, Ch. 409, Sec. 2.)

California § 662.5.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title8.

Part 2.TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS

Ch. 7.CHAPTER 7. Provisions Relating to Trials in General

Art. 2.ARTICLE 2. New Trials

This text of California § 662.5. (662.5. (Amended by Stats. 2011, Ch. 409, Sec. 2.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 662.5. (2026).

Text

(a)In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in its discretion:

(1)If the ground for granting a new trial is inadequate damages, issue a conditional order granting the new trial unless the party against whom the verdict has been rendered consents to the addition of damages in an amount the court in its independent judgment determines from the evidence to be fair and reasonable.

(2)If the ground for granting a new trial is excessive damages, issue a conditional order granting the new trial unless the party in whose favor the verdict has been rendered consents to the reduction of so much thereof as the court in its independent judgment determines from the evidence to be fair and reasonab

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(a)
In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in its discretion:
(1)
If the ground for granting a new trial is inadequate damages, issue a conditional order granting the new trial unless the party against whom the verdict has been
rendered consents to the addition of damages in an amount the court in its independent judgment determines from the evidence to be fair and reasonable.
(2)
If the ground for granting a new trial is excessive damages, issue a conditional order granting the new trial unless the party in whose favor the verdict has been rendered consents to the reduction of so much thereof as the court in its independent judgment determines from the evidence to be fair and reasonable.
(b)
If a deadline for acceptance or rejection of the addition or reduction of damages is not set forth in the conditional order, the deadline is 30 days from the date the conditional order is served by the clerk of the court. Failure to respond to the order in accordance with this section shall be deemed a rejection of the addition or reduction of damages and a new trial limited to the issue of damages shall be granted
automatically.
(c)
A party filing and serving an acceptance of a conditionally ordered addition or reduction of damages shall concurrently serve and submit to the court a proposed amended judgment reflecting the modified judgment amount, as well as any other uncontested judgment awards.