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BELL v. STATE OF CALIFORNIA

No. B090764.

74 Cal.Rptr.2d 541 (1998)

63 Cal.App.4th 919

James H. BELL, Plaintiff and Respondent, v. The STATE of California et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Four.

Rehearing Denied May 27, 1998.

As Modified May 29, 1998.

Review Denied July 29, 1998.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General, Richard J. Rojo, Supervising Deputy Attorney General, Joel A. Davis, Deputy Attorney General Marsha Jones Moutrie, City Attorney, Joseph Lawrence, Assistant City Attorney, Jeanette Schachtner, Chief Deputy City Attorney, and Norman N. Hirata, Deputy City Attorney, for Defendants and Appellants.

Jaffe, Trutanich, Scatena & Blum, Fred M. Blum, Carmen A. Trutanich and Robert L. Gaumer, San Francisco, for Plaintiff and Respondent.

EPSTEIN, Associate Justice.

Respondent was arrested by mistake; he was not the person sought under an arrest warrant. He sued those he thought responsible for the mistaken arrest. Trial was protracted, and at its end some of the appellants moved for a directed verdict. Their motion was denied. The verdict was for appellants, but was set aside upon the granting of respondent's motion for new trial. The motion was granted on proof of juror misconduct. Appellants appeal...

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