What is the test for admissibility of calendar information in a personal injury action?

California, United States of America


The following excerpt is from People v. Novela, F073275 (Cal. App. 2019):

The admissibility of the calendar entries " 'has two components: (1) whether the challenged evidence satisfied the "relevancy" requirement set forth in Evidence Code section 210, and (2) if the evidence was relevant, whether the trial court abused its discretion under Evidence Code section 352 in finding that the probative value of the [evidence] was not substantially outweighed by the probability that its admission would create a substantial danger of undue prejudice.' [Citation.]" (People v. Heard (2003) 31 Cal.4th 946, 972.) "Relevant evidence includes all 'evidence . . . having any tendency in reason to prove . . . any disputed fact that is of consequence to the determination of the action.' (Evid. Code, 210.) Under Evidence Code section 352, a trial court may exclude otherwise relevant evidence when its probative value is substantially outweighed by concerns of undue prejudice, confusion, or consumption of time. 'Evidence is substantially more prejudicial than probative [citation] if, broadly stated, it poses an intolerable "risk to the fairness of the proceedings or the reliability of the outcome [citation]." ' [Citation.]" (People v. Riggs (2008) 44 Cal.4th 248, 289-290.)

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