Under the unique facts and circumstances presented here, I would grant the writ, find an abuse of discretion by the trial court, and reverse the order of the trial court granting the motion for a new trial.
On the second day of the jury trial at issue, after a jury was empaneled and the evidence phase commenced, the plaintiffs advised the trial court they did not wish to proceed further with the trial; they thereafter entered into an oral settlement agreement with defendants, resulting in an abrupt termination of the trial and a discharge of the jury. The trial courts decision granting the motion for a new trial resulted in the jury members having completely wasted their time at the plaintiffs’ behest, then further wasting the resources of the justice system to retry the case. I would therefore grant the writ and dismiss this case with prejudice.
Crichton, J., would grant and assigns reasons.