What is the test for finding that a third of a jury has been improperly influenced by misconduct?

California, United States of America


The following excerpt is from Sansen v. Aerojet Rocketdyne, Inc., C091073 (Cal. App. 2021):

quarters of jurors. (Glage v. Hawes Firearms Co. (1990) 226 Cal.App.3d 314, 322 (Glage).) Thus, "in civil cases, where the court finds a 'substantial likelihood' that enough jurors were impermissibly influenced by misconduct to have affected the verdict to the detriment of the complaining party, there is 'reasonable probability of actual harm to the complaining party resulting from the misconduct.'" (Id. at pp. 322-323, fn. omitted.)

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