When the trial court erroneously grants objections to peremptory challenges, the “deemed prejudicial” standard of CCP 231.7 (j) does not apply. Although section 231.7 is to be broadly construed, “broad construction can only go so far,” and it is clear from plain statutory language, statutory scheme, and legislative history that section 231.7 “is designed to target the improper removal of jurors, not the improper seating of them.” Erroneously granted objections are therefore subject to traditional rules of prejudicial error.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/G065309.PDF