What is the test for a motion to reinstate a jury in a civil case based on alleged juror misconduct?
California, United States of America
The following excerpt is from People v. Baez, G049120 (Cal. App. 2015):
"We review independently the trial court's denial of a new trial motion based on alleged juror misconduct. [Citation.] However, we will '"accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence."' [Citation.]" (People v. Gamache (2010) 48 Cal.4th 347, 396.)
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