What is the test for a jury to determine whether attorney misconduct took place for abuse of power of attorney?
California, United States of America
The following excerpt is from Francisco v. Alameda-Contra Costa Transit Dist., A142884 (Cal. App. 2018):
" 'It is only in extreme cases that the court, when acting promptly and speaking clearly and directly on the subject, cannot, by instructing the jury to disregard such matters, correct the impropriety of the act of counsel and remove any effect his conduct or remarks would otherwise have. [Citation.] In the absence of a timely objection the offended party is deemed to have waived the claim of error through his participation in the atmosphere which produced the claim of prejudice.' " (Ibid.; Rayii v. Gatica (2013) 218 Cal.App.4th 1402, 1411-1412 [objection to opening statement one day after party had presented statement and failure to timely request admonition
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"preclude[d] . . . consideration of the point on appeal"].) We review the trial court's determination as to whether attorney misconduct took place for an abuse of discretion. (Garcia v. Rehrig Internat., Inc. (2002) 99 Cal.App.4th 869, 874.)
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