Is a judgment of acquittal in a criminal case competent evidence in a subsequent civil action to prove the innocence of the accused?

However, "a judgment of acquittal in a criminal case is not competent evidence in a subsequent civil action to prove the innocence of the accused." (Gibson v. Gibson (1971) 15 Cal.App.3d 943, 947-948.) Therefore, although a discrimination plaintiff must be permitted to prove the pretextual nature of the employer's justification for terminating the plaintiff's employment, evidence that the plaintiff was acquitted of charges raised by the employer is inadmissible for that purpose.

We review a trial court's rulings on the admissibility of evidence for abuse of discretion. (City of Ripon v. Sweetin (2002) 100 Cal.App.4th 887, 900.) "A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless: [] (a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and [] (b) . . . the error or errors complained of resulted

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in a miscarriage of justice." (Evid. Code, 353.) An evidentiary error results in a miscarriage of justice when the reviewing court, " 'after an examination of the entire cause, including the evidence,' is of the 'opinion' that it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error." (People v. Watson (1956) 46 Cal.2d 818, 836.)