Clemens

This case is now before us as a sequel to Clemens v. Regents of University of California, 8 Cal.App.3d 1 [ 87 Cal.Rptr. 108 ], decided May 25, 1970. (Pursuant to rule 12(a) Cal. Rules of. Court, we have made that record available to us.) On that appeal plaintiff sought relief from an adverse judgment entered upon the verdict of a jury in an action for damages for alleged medical malpractice. It was there contended that (1) defendants were liable as a matter of law; (2) there was error in jury instruction; (3) there was error in certain rulings and conduct of the trial court; and (4) misconduct of a particular juror required reversal of the judgment. After resolving the first three of these contentions adversely to plaintiff, this court in Clemens', supra, vacated the trial court’s order made on October 20, 1967, denying plaintiff’s motion for new trial with instructions to hold a new hearing on that motion. Pursuant to the decision in Clemens, supra, a rehearing was held. Upon rehearing the following memorandum decision was rendered by the trial court: “The Court has very carefully reviewed all of the affidavits submitted in connection with the Motion for New Trial in…