Can a witness testify against a defendant in a civil case?

California, United States of America


The following excerpt is from People v. Roman, F063876, F064289 (Cal. App. 2013):

Here, the evidence was offered to prove a fact other than defendant's character or identity, and thus, the evidence is not prohibited. (People v. Ewoldt, supra, 7 Cal.4th at p. 393.) The record establishes the evidence of the November 2006 incident was admitted to establish defendant's common plan: when confronted by law enforcement attempting to stop him while operating a stolen vehicle, defendant jumps from the moving vehicle and flees, requiring the officer to focus on stopping the runaway vehicle versus stopping defendant. The trial court expressly admitted this evidence for that purpose. (People v. Ewoldt, supra, 7 Cal.4th at p. 406 ["it is imperative that the trial court determine specifically what the proffered evidence is offered to prove, so that the

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