California, United States of America
The following excerpt is from Charalambopoulos v. UHS of Rancho Springs, Inc., E049808 (Cal. App. 2012):
"[A] new trial may be granted for an '[i]rregularity in the proceedings of the court, jury or adverse party . . . by which either party was prevented from having a fair trial.' It is well settled that misconduct of counsel is such an irregularity and a ground for new trial. [Citation.] It is also well settled that misconduct has often taken the form of improper argument to the jury, such as by urging facts not justified by the record or suggesting that the jury may resort to speculation . . . ." (City of Los Angeles v. Decker (1977) 18 Cal.3d 860, 870.) We review the trial court's ruling for an abuse of discretion. (See Id. at pp. 871-872 [trial court is afforded wide discretion].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.