What is the test for admitting evidence that a person committed a crime, civil wrong or other act?

Evidence Code section 1101, subdivision (b) (hereafter 1101(b)), 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, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident . . . ) other than his or her disposition to commit such an act." If the evidence is relevant to prove any such fact, the trial court must then determine whether the evidence is more probative than prejudicial, pursuant to Evidence Code section 352. (People v. Ewoldt (1994) 7 Cal.4th 380, 404, superseded on another point by Evid. Code, 1108.)

Evidence Code section 352 provides: "The 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." We review the admission of evidence pursuant to Evidence Code sections 1101(b) and 352 for abuse of discretion. (People v. Jones (2011) 51 Cal.4th 346, 371.)