What is the test for review of a trial court's exercise of discretion in admitting or excluding evidence?

California, United States of America


The following excerpt is from 5TH & La v. W. Waterproofing Co., B266363 (Cal. App. 2017):

" 'A trial court's exercise of discretion in admitting or excluding evidence is reviewable for abuse . . . and will not be disturbed except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice.' " (People v.

Page 14

Brown (2003) 31 Cal.4th 518, 534, quoting People v. Rodriguez (1999) 20 Cal.4th 1, 9-10, citation omitted.)

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