What is the test for unanimity in a civil case where there are allegations of sexual assault against the same defendant in separate criminal cases?

The People argue that the "continuous course of conduct" exception applies. Under this exception, if either of two conditions exist, jury unanimity is not required despite a record containing a charged offense for which multiple different acts could form the basis, with the jurors theoretically able to make non-unanimous choices. The first of the two conditions is that "'"the acts alleged are so closely connected as to form parts of one continuing transaction or course of criminal conduct."'" (People v. Percelle (2005) 126 Cal.App.4th 164, 181-182.) The other is that "'"the defendant offers essentially the same defense to each of the acts, and there is no reasonable basis for the jury to distinguish between them."'" (Id. at p. 181.)