What is the test for an appeal against a decision by the California Court of Appeal allowing a defendant to exclude evidence that is hearsay?

California, United States of America


The following excerpt is from Valley Commercial Contractors, L.P. v. Windsor Walnut Creek Apartments, LLC, A141069, A141661 (Cal. App. 2016):

"[A]n appellate court applies the abuse of discretion standard of review to any ruling by a trial court on the admissibility of evidence, including one that turns on the hearsay nature of the evidence in question. [Citations]." (People v. Waidla (2000) 22 Cal.4th 690, 725.) We agree that the evidence WWCA sought is not relevant. WWCA overstates the impact of the excluded testimony, arguing "[h]ad this evidence been admitted, the jury would have seen that Valley repeatedly breached its contract with [WWCA] and performed its work in bad faith in several instance." This argument is difficult to follow, as WWCA does not cite to any contractual provision requiring Valley to send daily field reports.

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