What is the test for determining whether a plaintiff in a personal injury case has a bias in the prior proceeding?

California, United States of America


The following excerpt is from People v. Flores, E060209 (Cal. App. 2015):

prior. The issue, as explained in Freeman, is " 'whether, "under a realistic appraisal of psychological tendencies and human weakness," the interest [in the prior proceeding] "poses such a risk of actual bias or prejudgment that the practice must be forbidden if the guarantee of due process is to be adequately implemented." ' " (People v. Freeman, supra, 47 Cal.4th 993, 1004.)

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