What is the test for excluding a civil complaint?

California, United States of America


The following excerpt is from People v. Wenke, A142905 (Cal. App. 2016):

The trial court's decision to exclude the civil complaint is governed by Evidence Code section 352, which states: "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 will reverse only if the court's ruling was 'arbitrary, whimsical, or capricious as a matter of law.' " (People v. Branch (2001) 91 Cal.App.4th 274, 282.)

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