CSU asks for new trial in Vivas case

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CSU asks for new trial in Vivas case

California State University has asked for judgment in its favor or alternatively for a new trial in the Lindy Vivas case.

The university’s motions state several grounds, including insufficiency of the evidence, potential juror misconduct, and excessive and improper awards for damages.

The university filed a Motion for Judgment Notwithstanding the Verdict on August 31 and a Motion for New Trial on Sept. 10, along with supporting declarations.

“We believe that the jury did the best it could with the information it had at the time,” said CSU attorney Dawn Theodora. “Unfortunately, information outside the evidence of the case shows that the jurors were misled in making their decision.”

CSU is asking the court to either enter judgment in its favor, or to vacate the judgment and order a new trial based on juror misconduct, insufficiency of evidence, excessive damages, errors in law, improper orders of the court and other irregularities in the proceedings that denied the CSU a fair trial.

The motions were filed with the Superior Court in Fresno County.