How do we review an evidentiary ruling for abuse of discretion?

California, United States of America


The following excerpt is from Kitrosser v. Nuvasive, Inc., D064946 (Cal. App. 2015):

We review a trial court's evidentiary rulings, especially those that turn on the relevance of the proffered evidence, for an abuse of discretion. (Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 281.) A trial court abuses its discretion only when, in its exercise, the ruling is arbitrary or the trial court " 'exceeds the bounds of reason, all of the circumstances before it being considered.' " (Ibid.) As the appellant, NuVasive bears the burden of establishing both "a clear case of abuse and miscarriage of justice." (Ibid.)

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