RIC1903877 DRURY vs RYAN Motion for New Trial by TRISHA DRURY
Tentative Ruling:
Plaintiff is moving for a new trial on several grounds. The primary ground is juror misconduct.
First, the objections by Defendant to the Declaration of Juror 11 are well taken and sustained.
Evidence Code 1150 states that evidence that purports to show deliberative error by one or more
jurors is inadmissible to impeach the verdict. Issues relating to being rushed to reach a verdict
are also inadmissible. Bandana Trading Co., Inc. v. Quality Infusion Care, Inc. (2008) 164 CA4th
1440, 1446. Considering the remainder of Juror 11’s declaration and the declarations submitted
by three other jurors, it is apparent that the jury selected a foreperson, read the jury instruction on
negligence and then took a straw vote with each juror stating their vote. The vote was 10-2 in
favor of the finding that the Def
Hearing Date
February 09, 2023
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RIC1903877 DRURY vs RYAN Motion for New Trial by TRISHA DRURY
Tentative Ruling:
Plaintiff is moving for a new trial on several grounds. The primary ground is juror misconduct.
First, the objections by Defendant to the Declaration of Juror 11 are well taken and sustained.
Evidence Code 1150 states that evidence that purports to show deliberative error by one or more
jurors is inadmissible to impeach the verdict. Issues relating to being rushed to reach a verdict
are also inadmissible. Bandana Trading Co., Inc. v. Quality Infusion Care, Inc. (2008) 164 CA4th
1440, 1446. Considering the remainder of Juror 11’s declaration and the declarations submitted
by three other jurors, it is apparent that the jury selected a foreperson, read the jury instruction on
negligence and then took a straw vote with each juror stating their vote. The vote was 10-2 in
favor of the finding that the Def