What is the test for admitting evidence of abuse of discretion in a civil case?

California, United States of America


The following excerpt is from People v. Vue, C066885, C069517 (Cal. App. 2016):

With certain exceptions, "evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion." (Evid. Code, 1101, subd. (a).) One such exception is found in subdivision (b) of this section, which provides: "Nothing in this section prohibits the admission of evidence that a person committed a crime, civil wrong, or other act when relevant to prove some fact (such as motive, . . .) other than his or her disposition to commit such an act." (Id., subd. (b).) We review the trial court's admission of other crimes evidence for abuse of discretion. (People v. Lindberg (2008) 45 Cal.4th 1, 25.)

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