In the underlying matter, a jury was empaneled for a jury trial. After the jury was selected it was determined that one of the jurors was at one point related to the defendant. There was a marriage that involved the juror and the defendant’s cousin that ended in divorce 30 years earlier. The plaintiff’s attorney became aware of the juror’s “relationship” with the defendant and moved to remove the juror. The court denied the motion. The trial commenced and the defendant received a defense verdict in the matter. The plaintiff’s attorney appealed to the Sixth District Court of Appeal.
Jim Miller was asked to handle the oral argument on the appeal in front of the Sixth District. The court ultimately ruled that the decision to keep the juror on the jury was not an abuse of discretion and therefore affirmed the trial court’s decision and judgment. The appellant’s attorney was dissatisfied with this ruling and appealed the case to the California Supreme Court. The writ to the Supreme Court was denied. The appellate court published the decision and it can be read in its entirety at Herrera v. Hernandez (2008) 165 Cal.App.4th 1386.