What is the test for a motion for mistrial in a civil case?

California, United States of America

The following excerpt is from People v. Johnson, D073713 (Cal. App. 2018):

"[A] motion for mistrial should be granted only when ' "a party's chances of receiving a fair trial have been irreparably damaged." ' " (People v. Ayala (2000) 23 Cal.4th 225, 282.) " ' "Whether a particular incident is incurably prejudicial is by its nature a speculative matter, and the trial court is vested with considerable discretion in ruling on mistrial motions." ' " (People v. Lucero (2000) 23 Cal.4th 692, 714.) We review the court's denial of a motion for mistrial for abuse of discretion. (People v. Panah (2005) 35 Cal.4th 395, 444.)

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