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Di Donato v. Santini

Citations: 232 Cal. App. 3d 721; 283 Cal. Rptr. 751; 91 Cal. Daily Op. Serv. 5780; 91 Daily Journal DAR 8867; 1991 Cal. App. LEXIS 841Docket: B039949

Court: California Court of Appeal; July 22, 1991; California; State Appellate Court

Narrative Opinion Summary

This appellate case involves disputes between a woman, her former husband, and her son concerning the division of profits from joint business endeavors and the ownership of a residence. The appellants challenged the trial court's judgment, which favored the former husband, on grounds that improper peremptory challenges were used to exclude women from the jury, citing constitutional violations under Edmonson v. Leesville Concrete Company. The appellate court found that the trial court erred by not requiring the former husband to provide gender-neutral reasons for his peremptory challenges, which resulted in a predominantly male jury. Consequently, the court reversed both the initial judgment and the cross-complaint ruling, which had ordered the partition and sale of the residence. The case highlighted the application of the prohibition against discriminatory peremptory challenges in civil cases, affirming that such practices violate the fair-cross-section requirement under both the federal and California Constitutions. The decision underscores the procedural requirements for addressing potential discrimination during jury selection, emphasizing the need for timely objections and a thorough evaluation of peremptory challenges to ensure compliance with constitutional standards.

Legal Issues Addressed

Fair Cross-Section Requirement

Application: The appellants argued successfully that their right to a jury representing a cross-section of the community was violated due to the exclusion of female jurors.

Reasoning: Appellants claimed their right to a jury representing a cross-section of the community was violated, as the defense had removed a significant number of female jurors.

Peremptory Challenges and Gender Bias

Application: The court determined that the use of peremptory challenges to exclude female jurors based on gender is unconstitutional in civil cases.

Reasoning: The trial court erred by not requiring the respondent to justify the peremptory challenges against female jurors, given the appellants' prima facie case of gender bias.

Procedural Error in Jury Selection

Application: The trial court's delay in considering the appellants' motion regarding jury selection until after the jury was sworn was deemed a procedural error.

Reasoning: The court erred by delaying consideration of the appellants' written motion until after the jury was sworn, contrary to established law requiring a prima facie case to be made before this point.

State Action in Jury Selection

Application: The court applied the Edmonson v. Leesville Concrete Company framework to determine that peremptory challenges in civil cases constitute state action.

Reasoning: The court emphasized that the use of peremptory challenges constitutes a traditional governmental function, as they are integral to selecting juries, which are fundamentally governmental bodies.