Bodozian v. Total Holdings USA CA2/3
After a jury found defendants’ conduct was not a substantial factor in causing plaintiff’s injuries, plaintiff moved for a new trial on the ground of jury misconduct, offering her attorney’s declaration concerning a post-trial conversation with a juror as the sole supporting evidence. (See Code Civ. Proc., § 657, subd. (2).) The trial court denied the motion because it was not supported by an affidavit with admissible evidence of juror misconduct. (See § 658; Evid. Code, § 1150.) Plaintiff contends the court abused its discretion. We disagree and affirm.
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