What is the test for prejudicial evidence in a civil case?

California, United States of America


The following excerpt is from The People v. Cowan, No. 059675A, S055415 (Cal. 2010):

Nor was the evidence particularly prejudicial. "Evidence is prejudicial within the meaning of Evidence Code section 352 if it encourages the jury to prejudge defendant's case based upon extraneous or irrelevant considerations." (People v. Rogers (2006) 39 Cal.4th 826, 863.) Here, the evidence did not encourage the jury to prejudge defendant's case; rather, it merely invited the jury to infer that Tags hated defendant, and therefore might be biased against him,

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