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

California, United States of America


The following excerpt is from People v. Hoffman, D071718 (Cal. App. 2018):

Only relevant evidence is admissible. (Evid. Code, 350.)3 Evidence is relevant if it has "any tendency to prove or disprove any disputed fact that is of consequence to determination of the action." ( 210.) A trial court may exclude relevant evidence "if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create a substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." ( 352.) Evidence is unduly prejudicial if it tends to evoke an emotional bias against a party or lead the jury to prejudge a person based on extraneous factors. (People v. Cowan (2010) 50 Cal.4th 401, 475.) We review the trial court's evidentiary rulings for an abuse of discretion, keeping in mind that a trial court has no discretion to admit irrelevant evidence. ( 350; People v. Covarrubias (2015) 236 Cal.App.4th 942, 947-948.)

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