What is the test for setting aside a jury's verdict in a civil case?

California, United States of America


The following excerpt is from C.A. v. Arnold, D073402 (Cal. App. 2020):

Even if we were to assume juror misconduct occurred, we would conclude the presumption of prejudice has been rebutted here. The presumption of prejudice arising from juror misconduct "does not mean that every insignificant infraction of the rules by a juror calls for a new trial. Where the misconduct is of such trifling nature that it could not in the nature of things have prevented either party from having a fair trial, the verdict should not be set aside." (Enyart v. City of Los Angeles (1999) 76 Cal.App.4th 499, 507.)

Other Questions


If a defendant has been found not guilty by a jury in a civil case, is he entitled to appeal against the verdict of the jury in his case against the jury? (California, United States of America)
Can a jury set aside a jury's verdict in a motor vehicle accident case when the fact that defendant carries insurance influence the outcome of the trial? (California, United States of America)
What is the test for setting aside a finding in a motion to set aside discovery in a civil case? (California, United States of America)
What is the test for setting aside a verdict in a civil case? (California, United States of America)
In a medical malpractice case, can a jury be found to have found that a jury member acted in a manner that may have improperly influenced the jury's verdict? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
What is the test for setting aside a verdict for misconduct in a civil case? (California, United States of America)
Can a jury in a civil case be re-examined by the Court of Appeal if the jury in the case has been discharged without prejudice? (California, United States of America)
What is the test for reversal of a jury verdict in a civil case where the court failed to instruct the jury on the lesser included misdemeanor charge of battery without injury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.