What is the test for abuse of evidence in a personal injury case?

California, United States of America


The following excerpt is from People v. Shipley, B282524 (Cal. App. 2019):

Evidence Code section 352 provides that "'[t]he court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code, 352.) " ' "The 'prejudice' referred to in Evidence Code section 352 applies to evidence which uniquely tends to evoke an emotional bias against defendant as an individual and which has very little effect on the issues. In applying section 352, 'prejudicial' is not synonymous with 'damaging.' " ' " (People v. Williams (2013) 58 Cal.4th 197, 270.) We review the trial court's ruling for abuse of discretion. (Id. at pp. 270-271.)

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