What is the current state of the law on prejudicial evidence in personal injury cases?

California, United States of America


The following excerpt is from People v. Demery, E068216 (Cal. App. 2019):

(1980) 27 Cal.3d 303, 318, fn. 20.) "Evidence is prejudicial within the meaning of Evidence Code section 352 if it '"uniquely tends to evoke an emotional bias against a party as an individual"' [citation] or if it would cause the jury to '"'prejudg[e]' a person or cause on the basis of extraneous factors"' [citation]." (People v. Cowan (2010) 50 Cal.4th 401, 475.)

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