Herrera

Plaintiff Francisco Herrera, by and through his guardian ad litem Gregorio Herrera, brought a personal injury action against defendant Ponciano Isabel Hernandez. The jury returned a verdict in favor of defendant. On appeal, plaintiff contends that the trial court erred in denying his motion for new trial based on juror misconduct. We hold that the dissolution of Juror No. 8’s marriage to defendant’s nephew terminated her affinity to defendant, thus precluding plaintiff’s challenge for implied bias. (Code Civ. Proc., §§ 225, 229.) Accordingly, we affirm.

I. Statement of Facts

On February 13, 2007, the trial court and counsel conducted voir dire of the prospective jurors. After the parties exercised their peremptory challenges, the jury was sworn. While plaintiff’s counsel was giving his opening statement, Juror No. 8 recognized defendant’s daughter, who was sitting in the courtroom. Juror No. 8 then informed the trial court and counsel that her ex-husband, whom she had divorced more than 20 years ago, was defendant’s nephew.

A hearing was then held. The trial court asked Juror No. 8 a number of questions, and allowed counsel to ask her questions. Plaintiff’s counsel…