What is the test for admitting "prejudicial" evidence in a civil case?

California, United States of America


The following excerpt is from People v. Byrd, A144835 (Cal. App. 2018):

Evidence Code section 352 applies to evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues. In applying section 352, "prejudicial" is not synonymous with "damaging." ' (People v. Karis, supra, 46 Cal.3d at p. 638.) In this case, the trial court reasonably found that the balance of probative value to potential prejudicial impact tips in favor of admitting the evidence. We therefore affirm.

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