What is the test for admissible evidence of "likely to have influenced the verdict improperly" in a civil case?

California, United States of America


The following excerpt is from People v. Alaniz, 16 Cal.App.5th 1, 224 Cal.Rptr.3d 154 (Cal. App. 2017):

4 Evidence Code section 1150, subdivision (a), states that evidence of "statements made, or conduct, conditions, or events occurring" that are "likely to have influenced the verdict improperly" are admissible, but "[n]o evidence is admissible to show the effect of such statement, conduct, condition, or event upon a juror either in influencing him to assent to or dissent from the verdict or concerning the mental processes by which it was determined." This means that evidence of " "overt acts, objectively ascertainable" " is admissible, but evidence of " "the subjective reasoning processes of the individual juror, which can be neither corroborated nor disproved," " is inadmissible. (People v. Collins (2010) 49 Cal.4th 175, 249, 110 Cal.Rptr.3d 384, 232 P.3d 32.)

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