Is a plaintiff's immigration status relevant in determining damages?

California, United States of America


The following excerpt is from Velasquez v. Centrome, Inc., 183 Cal.Rptr.3d 150, 233 Cal.App.4th 1191 (Cal. App. 2015):

capacity, evidence of his or her immigration status is irrelevant. ( Rodriguez v. Kline (1986) 186 Cal.App.3d 1145, 1149, [232 Cal.Rptr. 157] ( Rodriguez ).) Immigration status has no tendency in reason to prove or disprove any fact material to the issue of liability; it does not demonstrate whether the defendant committed a harm-causing act. Immigration status has no tendency in reason to prove or disprove any fact material to the determination of past special damages, i.e., what are the plaintiff's past medical bills up to the date of trial. Nor is evidence of immigration status relevant to general damages, as it does not prove or disprove what is the reasonable amount of money needed to compensate the plaintiff for his or her past and future pain and suffering. Further, immigration status alone has no tendency in reason to prove or disprove any fact material to the issue of a party's credibility.

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