Is there any case law where a defendant has been found guilty under section 352.2(1) of the California Civil Code of Civil Procedure for a prior assault?

Accordingly, the question presented is whether the trial court erred in admitting the prior incidents under section 352. Rollins first complains the trial court failed to engage in the weighing process required under section 352. "[A]lthough the record must affirmatively show that the trial court weighed prejudice against probative value in admitting evidence of prior bad acts [citations], the trial judge 'need not expressly weigh prejudice against probative valueor even expressly state that he has done so.' " (People v. Padilla (1995) 11 Cal.4th 891, 924.) Rather, we can infer the trial court conducted the weighing process based on record indications such as argument of counsel and comments by the trial court. (Ibid.) The record in this case, including counsel's arguments and the trial court's comments, clearly show the trial court was aware of the balancing required under the governing statutes and engaged in such a process.

While the prior incidents were inflammatory, they were no more inflammatory than the incidents regarding Doe, so that the potential for prejudice did not outweigh the clear probative value of the evidence. (People v. Johnson, supra, 185 Cal.App.4th at p. 534, fn. 11 ["Courts are primarily concerned where the past bad act was 'more inflammatory' than the offense for which the defendant is on trial."].)