What is the test for a motion to exclude evidence in a civil case?
California, United States of America
The following excerpt is from People v. Young, A135881 (Cal. App. 2014):
Defendant filed a motion to exclude evidence based on the police department's purported failure to preserve evidence in violation of his due process rights under California v. Trombetta (1984) 467 U.S. 479 and Arizona v. Youngblood (1988) 488 U.S. 51. The trial court denied defendant's motion, finding he made no showing that the evidence was exculpatory or that the police failed to preserve the evidence in bad faith.
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