What is the test for admitting or denying a motion to forfeit a claim in a civil case?

California, United States of America


The following excerpt is from People v. Murphy, B238006 (Cal. App. 2013):

in the trial court. (People v. Sanders (1995) 11 Cal.4th 475, 510, fn. 3.) Defendant argues that the claim was not forfeited because he stated in his written motion that he had a federal due process right to an adequate defense. Even assuming no forfeiture, defendant's claim lacks merit.

Only relevant evidence is admissible at trial. (Evid. Code, 350.) Relevant evidence is that which has "any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (Id., 210.) The trial court has the duty to determine the relevance and thus the admissibility of evidence before it can be admitted. (Id., 400, 402.) The trial court is vested with wide discretion in performing this duty. (People v. Waidla (2000) 22 Cal.4th 690, 717.) We will not disturb the trial court's exercise of its discretion on appeal unless the court has abused its discretion (ibid.), i.e., if its decision exceeds the bounds of reason. (People v. DeSantis (1992) 2 Cal.4th 1198, 1226.)

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