LANE v. HUGHES AIRCRAFT CO.

No. S059064.

93 Cal.Rptr.2d 60 (2000)

22 Cal.4th 405

993 P.2d 388

Jeffrey LANE, Plaintiff and Appellant, v. HUGHES AIRCRAFT COMPANY, Defendant and Respondent. David Villalpando, Plaintiff and Appellant, v. Hughes Aircraft Company, Defendant and Respondent.

Supreme Court of California.

As Modified on Denial of Rehearing May 10, 2000.


Attorney(s) appearing for the Case

Law Offices of Ian Herzog, Ian Herzog, Santa Monica, Evan D. Marshall and Amy Ardell, Santa Monica, for Plaintiffs and Appellants.

Elaine R. Jones, Washington, Dist. of Columbia, Theodore M. Shaw, Norman J. Chachkin and Darci E. Burrell, for NAACP Legal Defense and Education Fund, Inc., as Amicus Curiae on behalf of Plaintiffs and Appellants.

David S. Schwartz, Mark D. Rosenbaum, Los Angeles, and Rocio L. Cordoba, for ACLU Foundation of Southern California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Joseph Posner, Encino; Quackenbush & Quackenbush and William C. Quackenbush, San Mateo, for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Grassini & Wrinkle and Roland Wrinkle, Woodland Hills, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Paul, Hastings, Janofsky & Walker, Paul Grossman, Dennis H. Vaughn, George W. Abele, Paul W. Cane, Jr., and Barbara A. Reeves, Los Angeles, for Defendant and Respondent.

National Chamber Litigation Center, Stephen A. Bokat, Robin S. Conrad, Washington, Dist. of Columbia, Sussan L. Mahallati; Mayer, Brown & Piatt, Andrew L. Frey, Philip A. Lacovara, New York, NY, and Donald M. Falk, Washington, Dist. of Columbia, for Chamber of Commerce of the United States as Amicus Curiae on behalf of Defendant and Respondent.

Fred J. Hiestand, Sacramento, for the Association for California Tort Reform as Amicus Curiae on behalf of Defendant and Respondent.

Irell & Manella, James N. Adler, Gregory R. Smith and Richard H. Zelichov, Los Angeles, for California Employment Law Council as Amicus Curiae on behalf of Defendant and Respondent.

Gibson, Dunn & Crutcher, David A. Cathcart, Timothy S. Lykowski, Los Angeles, and Suzy C. Raster, San Francisco, for the Employers Group as Amicus Curiae on behalf of Defendant and Respondent.

Susan Liebeler; Wiley, Rein & Fielding, Samuel D. Walker, N. Christopher Hardee, Washington, DC; Daniel J. Popeo and Paul D. Kamenar, Washingon, DC, for the Washington Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.


BROWN, J.

In this case, we consider the standard applicable to review of an order granting a motion for a new trial under Code of Civil Procedure section 657 (section 657). Consistent with our prior decisions, we hold that such an order "must be sustained on appeal unless the opposing party demonstrates that no reasonable finder of fact could have found for the movant on [the trial court's] theory." (Jones v. Citrus...

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