California Court of Appeal

A judgment in favor of defendant-school district in a breach of contract and negligent misrepresentation action is affirmed where, although it was error for an alternate juror to be present in the jury room for 15 minutes at the beginning of a jury's deliberations before her presence was discovered and she was removed, the error was not reversible per se and a presumption of prejudice was rebutted.

Appellate Information

• Decided 07/06/2006
• Published 07/06/2006

Judges

• MIHARA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Robert David Baker, Nieve Anjomi, San Jose, Baker & Anjomi, for Appellant Michael Brassfield.


• For Appellees:
  
• Mark E. Davis, San Jose, Matthew Tamel, Needham, Davis, Kirwan & Young, for Respondent Moreland School District.