Sanchez-Corea v. Bank of America

Opinion

REYNOSO, J.

Plaintiffs Antonio and Lucille Sanchez-Corea and Edward Towers, trustee in bankruptcy, appeal from an order that vacated a $2.1 million judgment in their favor and granted defendant Bank of America’s motion for new trial. We initially address the following question: Where the trial court fails to comply with the mandatory statutory requirement (Code Civ. Proc., § 657) that a new trial order state grounds therefor, can such noncompliance—where it is the result of judicial and not clerical error—be cured nunc pro tunc? Our conclusion is that it may not. We next inquire whether…