What is the test for substituting an alternate juror in a civil case?

California, United States of America


The following excerpt is from People v. Parga, G050971 (Cal. App. 2016):

Section 1089 authorizes the substitution of an alternate juror before or after final submission of the case upon a showing of good cause. (People v. Cleveland (2001) 25 Cal.4th 466, 475.) The court's good cause determination is subject to review for

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abuse of discretion, but the inability of the juror to perform "his or her duty 'must appear in the record as a demonstrable reality.' [Citations.]" (People v. Armstrong (2016) 1 Cal.5th 432, 450.) While this court must "be confident that the trial court's conclusion is manifestly supported by evidence on which the court actually relied[,]" we consider both the evidence and the court's stated justification. (Id. at p. 451.)

c. Analysis

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