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Singh v. Takhar2/4/2002
Defendants and appellants Balraj Singh Takhar, Daljeet Kaur, and Gurvinder Singh Takhar (collectively appellants) appeal from a judgment entered on special verdict in favor of plaintiff and respondent Birinder Singh (Birinder) on her claims of battery and intentional infliction of emotional distress totaling $135,000, plus costs, as well as punitive damages against Balraj Singh Takhar of $10,000 and Gurvinder Singh Takhar of $60,000.
On appeal, appellants contend the judgment should be reversed due to prejudicial jury misconduct during deliberations when a juror allegedly made statements disclosing a bias against appellants' nationality, which the juror failed to reveal during voir dire; several jurors allegedly made statements that they wanted to punish appellants or teach them a lesson; and several jurors allegedly considered matters outside the evidence in the case. Appellants further contend the judgment should be reversed due to prejudicial misconduct of Birinder's attorney and the trial court's erroneous exclusion of evidence to impeach Birinder's witnesses. Finally, appellants contend the award of punitive damages must be reversed because Birinder failed to produce evidence of appellants' financial condition. We disagree with all of appellants' contentions, with the exception of the punitive damage award against Balraj Singh Takhar, which we will reverse. In all other respects, we will affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Viewing the evidence favorably in support of the judgment, as we must, the record establishes the following facts:
In April 1988, Birinder Kaur Singh, who was born in India in 1977, and her younger brother, M., born in 1984, were brought to the United States by their biological father, Balraj Takhar, because of threats to Balraj's family. After traveling between the United States and India several times to visit the children, whom he had left in the United States, Balraj finally returned to India in May 1989, leaving Birinder and her brother in the United States with their cousin, Harjasbinder Kaur Singh, and her husband, Amrit Singh (the Singhs). Both of the Singhs are from India. In 1989, the Singhs adopted Birinder and M. with the consent of Balraj and their biological mother Daljeet Kaur. At that time, the Singhs lived in Los Angeles. By 1997, the Singhs had moved to Kern County.
From 1991 to 1992, Balraj and Daljeet made an unsuccessful attempt to set aside the adoption. Harjasbinder contended Balraj lied in this proceeding by claiming he did not consent to the adoption. Balraj and Daljeet divorced in 1992, when Daljeet was living in Los Angeles.
On December 28, 1997, Birinder was visiting a Sikh temple on Vermont Boulevard in Los Angeles when, to her surprise, she observed her natural uncle, Gurvinder Takhar. She did not expect to see him that day because she believed he was living in Phoenix, Arizona at the time. Not wanting to talk to him, she walked past him without saying anything. Gurvinder grabbed her by her hair and began to slap her, shouting at her not disrespect him and threatening to kill her. Birinder was screaming and crying. M. heard a scream, looked out a window, and saw Gurvinder holding Birinder by her hair, hitting her and cussing at her in Punjabi. M. came over and shouted at Gurvinder to leave Birinder alone, but Gurvinder pushed him away and told him if he tried to interfere, he was going to kill him. Gurvinder used abusive language toward Birinder in Punjabi. M. then left to get his mother.
Harjasbinder observed Gurvinder, whom she identified in court as clean shaven and wearing a blue sport coat, holding Birinder's braid with one hand and slapping her on th
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