California Code, Code of Civil Procedure - CCP § 663




A judgment or decree, when based upona decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights ofthe party and entitlingthe party to a different judgment:

1. Incorrect or erroneouslegal basis for the decision, not consistent with or not supported by thefacts;  and in such case when the judgment is set aside, thestatement of decision shall be amended and corrected.

2. A judgment or decree not consistent with or not supported by the special verdict.





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