Mesecher v. County of San Diego

In Mesecher v. County of San Diego (1992) 9 Cal.App.4th 1677, the defendants appealed a jury's verdict in favor of plaintiff, claiming, among other things, that the jury engaged in misconduct. (Id. at p. 1680.) In rejecting defendants' claim of jury misconduct, the court concluded the declarations from six jurors were inadmissible to impeach the verdict under Evidence Code section 1150, subdivision (a). (Ibid.) In their declarations, the jurors said they reached their verdict on a battery cause of action using a definition of battery that conflicted with the court's instruction. (Id. at pp. 1682-1683.) In concluding the declarations were inadmissible, the court explained "evidence about a jury's 'subjective collective mental process purporting to show how the verdict was reached' is inadmissible to impeach a jury verdict. Thus, juror declarations are inadmissible where they 'at most suggest "deliberative error" in the jury's collective mental process--confusion, misunderstanding, and misinterpretation of the law.'" (Mesecher, supra, 9 Cal.App.4th at p. 1683.) The court further observed that "the jurors' statements themselves did not constitute misconduct, nor do they reflect an outside influence brought into the courtroom. Rather, the alleged misconduct arose from the way in which the jury interpreted and applied the instructions. Such evidence is inadmissible." (Id. at p. 1684.)