What is the test for excluding evidence pursuant to section 352 of the Alberta Evidence Code?

California, United States of America


The following excerpt is from Law Offices of Benjamin Pavone, PC v. Willis, D075817 (Cal. App. 2021):

In excluding evidence pursuant to Evidence Code section 352, the court need not make findings or expressly recite its weighing process or that it has weighed the factors so long as the record as a whole shows the court understood and undertook its obligation to perform the weighing process. (Rufo v. Simpson (2001) 86 Cal.App.4th 573, 599.) A trial court's exercise of discretion under Evidence Code section 352 "will be disturbed on appeal only if the trial court exercised it in an arbitrary, capricious, or patently absurd

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