California, United States of America
The following excerpt is from Shank v. CRST Van Expedited, Inc., G049844 (Cal. App. 2015):
harassment case brought against CRST. Given the trial court's broad discretion to admit and exclude evidence, these claims fail. (Collins v. Navistar, Inc. (2013) 214 Cal.App.4th 1486, 1513 [ruling affirmed unless trial court exceeds "'"'bounds of reason'"'"].)
a. Admission of "Me-too" Witness Evidence
Defendants contend the trial court erroneously admitted evidence that eight other female drivers at CRST ("me-too" witnesses) also complained of harassment, some before and some after plaintiff's complaint. The trial court found this evidence had "independent probative value" "under Evidence Code [s]ection 1101(b)," which permits "admission of evidence that a person committed a . . . civil wrong, or other act when relevant to prove some fact (such as motive, intent . . . plan, or knowledge) other than his disposition to commit such an act." (See Pantoja v. Anton (2011) 198 Cal.App.4th 87, 110 [me-too evidence in a sexual harassment case probative under Evidence Code section 1101(b) to show discriminatory intent].)
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