What is the test for admitting to a charge of elder abuse under section 1109 of the California Code of Civil Procedure?

We recognize the potential for prejudice when a jury hears evidence that a defendant apparently went unpunished for prior criminal conduct. We also recognize the uniquely probative value of previously unreported crimes and victim recantations when the criminal conduct amounts to domestic violence and there is expert testimony about how common it is for domestic violence victims to recant claims of abuse. (Cf. People v. Fruits (2016) 247 Cal.App.4th 188, 206-207 [evidence of elder abuse admitted under section 1109, subd. (a)(2)].) The prior domestic violence incidents were not remote in time and had increased probative value because they involved the same victim. (People v. Hoover (2000) 77 Cal.App.4th 1020, 1029 (Hoover).)

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