In a personal injury action against defendant in a civil case, what is the effect of the Evidence Code section 352 argument to impeach a mother's denial of violent conduct?

California, United States of America


The following excerpt is from The People v. Krohe, G042955, No. 06NF0657 (Cal. App. 2010):

The evidence was clearly admissible to impeach mother's denial of violent conduct by defendant. As to the "undue prejudice" on which defendant relies in support of Evidence Code section 352 argument, this was a matter within the trial court's discretion, which "[w]e will not disturb... unless defendant affirmatively shows that the court exercised its discretion '"'in an arbitrary, capricious or patently absurd manner.'"' [Citations.] (People v. Escudero (2010) 183 Cal.App.4th 302, 310.) Defendant has

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