California, United States of America
The following excerpt is from Hanson v. Murrah, B292327 (Cal. App. 2020):
In another excerpt, the court sustained plaintiff's objection. The court later instructed the jury, "If I sustained an objection, you must ignore the question. . . . If the witness has already answered, you must ignore the answer." In another excerpt, the court sua sponte struck the subject testimony, and then instructed the jury to disregard it. "Ordinarily, a curative instruction to disregard improper testimony is sufficient to protect a defendant from the injury of such testimony, and, ordinarily, we presume a jury is capable of following such an instruction. [Citation.]" (People v. Navarrete (2010) 181 Cal.App.4th 828, 834.) Here, plaintiff does not explain how the court's rulings were insufficient and caused her prejudice. She has not overcome the presumption that the jury followed the court's curative instruction.
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