Can a juror be dismissed from a jury for refusing to deliberate?

Section 1089 permits the trial court to discharge a juror at any time, including during deliberations, based upon a showing of good cause that the juror is unable to perform his or her duty. (See People v. Wilson (2008) 43 Cal.4th 1, 25.) A juror's refusal to deliberate, or his or her proclivity to reach a verdict without regard to the law or the evidence, demonstrates an inability to perform his or her duty and constitutes good cause for dismissal. (People v. Cleveland (2001) 25 Cal.4th 466, 485 (Cleveland); People v. Williams (2001) 25 Cal.4th 441, 463.) "A refusal to deliberate consists of a juror's unwillingness to engage in the deliberative process; that is, he or she will not participate in discussions with fellow jurors by listening to their views and by expressing his or her own views. Examples of refusal to deliberate include, but are not limited to, expressing a fixed conclusion at the beginning of deliberations and refusing to consider other points of view, refusing to speak to other jurors, and attempting to separate oneself physically from the remainder of the jury." (Cleveland, supra, 25 Cal.4th at p. 485.) However, the fact that a juror does not deliberate well, relies on faulty logic, disagrees with the majority of jurors as to what the evidence shows, or disagrees with the majority of jurors about how the law should be applied to the facts

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