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Jury Trials

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There is a constitutional right to a jury trial of a claim for nominal statutory damages of $1000 under the California Confidentiality of Medical Information Act. Read More

Trial court prejudicially erred in giving a special jury instruction that in determining whether the city's failure to repaint a faded cross-walk and maintain bushes was negligent, the jury could not consider the condition of the adjacent property or the design of the intersection. Read More

When plaintiff’s attorney improperly used a mini-opening to try to precondition potential jurors to vote in plaintiff's favor, the trial court did not abuse its discretion in not allowing mini-opening statements to the second and third venires of prospective jurors. Read More

Trial court did not violate the parties’ right to a jury trial when it bifurcated a trial in a case involving mixed legal and equitable claims, trying the equitable claims first—after which it ruled plaintiff had not proven causation, thus precluding legal as well as equitable claims.  Read More

A trial court's order denying a party's demand for a jury trial is reviewable before trial by petition for a writ of mandate.  Read More

Juror was discharged and replaced too hastily without adequate investigation, after two fellow jurors complained that she did not participate in the first 90 minutes of deliberations.  Read More

For purposes of the five-year deadline for bringing a civil case to trial, trial “commences” when a jury is impaneled and sworn—even if the voir dire is not concluded within the five-year period.  Read More

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