Judge: Gregory W. Alarcon, Case: 23LBUD02695, Date: 2024-11-04 Tentative Ruling

Case Number: 23LBUD02695    Hearing Date: November 4, 2024    Dept: 96

Plaintiff  has moved for a new trial.  The basis for a new trial is attorney declarations based upon hearsay of two jurors.  Defendants object on hearsay grounds.  The objection is sustained. Evidence Code Section  Evidence Code Section 1200.

Plaintiff claims the hearsay contained in the attorney’s declaration containing the hearsay statements of two jurors shows misconduct and/or a misunderstanding of the law.  Defendant responds by citing that Plaintiff is attempting to attack the verdict based on delving into the mental impressions of the jurors which isn’t permitted.  The court agrees. Evidence Code Section 1150.

Finally, Plaintiff argues there was insufficient evidence to support the verdict.  The court finds there was a factual dispute  regarding sufficiency of  notice to the Defendant which the jury resolved by returning a verdict in favor of Defendant and against Plaintiff. The fact that Plaintiff disagrees with the jurors’ result based on evaluating their mental impressions does not constitute legal error.  Code of Civil Procedure Section 657.

The motion is denied.