What is the test for admitting or excluding evidence under section 352 of the California Evidence Code?

"The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code, 352.) For purposes of Evidence Code section 352, prejudice means "'evidence that uniquely tends to evoke an emotional bias against a party as an individual, while having only slight probative value with regard to the issues.'" (People v. Heard (2003) 31 Cal.4th 946, 976.) "We review a challenge to a trial court's choice to admit or exclude evidence under section 352 for abuse of discretion." (People v. Branch (2001) 91 Cal.App.4th 274, 282.) Here, the evidence has great probative valueit shows defendant intended to defraud the homeowners by representing that he had a valid contractor's license and did not do it by mistake, believing he had a valid license, because he had done it so many times before over a long period of time. Further, the facts of the 48 complaints were no more inflammatory than the facts of the charges in this case. (See People v. Ewoldt (1994) 7 Cal.4th 380, 405.) The trial court did not abuse its discretion.

The judgment is affirmed.

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