What is the test for reversal of a verdict or judgment based on the erroneous admission of evidence?

California, United States of America


The following excerpt is from Morgan v. Pac. Specialty Ins. Co., B225793 (Cal. App. 2012):

Before a party is entitled to reversal of a verdict or judgment based on the erroneous admission of evidence, it must be shown by the record that there was "an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion" and "[t]he court which passes upon the effect of the error or errors [must be] of the opinion that the admitted evidence should have been excluded on the ground stated and that the error or errors complained of resulted in a miscarriage of justice." (Evid. Code, 353, subds. (a) & (b).) There has been a miscarriage of justice if, but for the error or errors complained of, the party making the complaint would have obtained a more favorable result. (People v. Watson, supra, 46 Cal.2d at p. 836.)

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