What is the test for exclusion of "possible prejudicial or prejudicial evidence" in a civil case?

California, United States of America


The following excerpt is from People v. Gutierrez, H045777 (Cal. App. 2020):

Relevant evidence is subject to exclusion. Under Evidence Code section 352, the trial court retains the discretion to 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." "Evidence is substantially more prejudicial than probative [citation] if, broadly stated, it poses an intolerable 'risk to the fairness of the proceedings or the reliability of the outcome.' " (People v. Waidla (2000) 22 Cal.4th 690, 724.) " '[P]rejudicial' is not synonymous with 'damaging,' but refers . . . to evidence that ' "uniquely tends to evoke an emotional bias against defendant" ' without regard to its relevance on material issues." (People v. Kipp (2001) 26 Cal.4th 1100, 1121.)

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