BRASSFIELD v. MORELAND SCHOOL DISTRICT

No. H028855.

45 Cal.Rptr.3d 662 (2006)

141 Cal.App.4th 67

Michael BRASSFIELD, Plaintiff and Appellant, v. MORELAND SCHOOL DISTRICT, Defendant and Respondent.

Court of Appeals of California, Sixth District.

July 6, 2006.


Attorney(s) appearing for the Case

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

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


MIHARA, J.

Plaintiff Michael Brassfield appeals from a judgment in favor of defendant Moreland School District (Moreland). He claims that reversal is required because an alternate juror (the alternate) was present in the jury room for 15 minutes at the beginning of the jury's deliberations before her presence was discovered and she was removed. We conclude that the error was not reversible per se and that the presumption of prejudice was rebutted. Consequently, we...

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