What is the test for a motion for a new trial based on jury misconduct?

In evaluating a motion for new trial based on jury misconduct, the trial court must undertake a three-step inquiry. (Barboni v. Tuomi (2012) 210 Cal.App.4th 340, 345.) First, it must determine whether the affidavits supporting the motion are admissible. Second, if the affidavits are admissible, the court must determine whether the facts stated therein establish misconduct. The moving party bears the burden of establishing juror

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misconduct. Third, assuming misconduct, the trial court must determine whether the misconduct was prejudicial. (Barboni v. Tuomi, supra, 210 Cal.App.4th at p. 345.)

On appeal, we review the trial court's decision regarding the admissibility of the affidavits under the abuse of discretion standard. We review for sufficiency of the evidence the trial court's determination of whether misconduct occurred, accepting the trial court's credibility determinations and findings on questions of fact if supported by substantial evidence. Finally, we review the entire record, including the evidence, and make an independent determination as to whether any misconduct was prejudicial. (Barboni v. Tuomi, supra, 210 Cal.App.4th at p. 345.)