California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 8 — Of the Trial and Judgment in Civil Actions, Chapter 7 — Provisions Relating to Trials in General, Article 2 — New Trials, Section 663
A judgment or decree, when based upon a 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 of the party and entitling the party to a different judgment:
1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected.
2. A judgment or decree not consistent with or not supported by the special verdict.
Notes
Allows an aggrieved party to move the same court to vacate a judgment or decree and enter a different judgment when substantial rights are affected because the legal basis is erroneous and unsupported by the facts, or because the judgment conflicts with the jury’s special verdict. Vacating on the first ground requires correction of the statement of decision.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 663 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-8/chapter-7/article-2/section-663