What is the test for exclusion of evidence in a personal injury case?

California, United States of America


The following excerpt is from People v. Enriquez, F075149 (Cal. App. 2020):

Section 352 states, in relevant part: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will ... create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." "Broadly speaking, evidence tends to be more prejudicial than probative when it poses an intolerable risk to the fairness of the proceedings or reliability of the outcome. [Citation.]" (People v. Lucas (2014) 60 Cal.4th 153, 231, disapproved

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