What is the test for determining whether the evidence in a civil case was prejudicial or prejudicial?

Finally, the evidence was not unduly prejudicial. "Evidence is substantially more prejudicial than probative (see Evid.Code, 352) if, broadly stated, it poses an intolerable 'risk to the fairness of the proceedings or the reliability of the outcome' [citation]." (People v. Waidla (2000) 22 Cal.4th 690, 724.) In this context, "'prejudicial' is not synonymous with 'damaging,' but refers instead to evidence that '"uniquely tends to evoke an emotional bias against defendant"' without regard to its relevance on material issues. [Citations.]" (People v. Kipp (2001) 26 Cal.4th 1100, 1121.) Among the factors a trial court may consider when determining whether uncharged evidence is more prejudicial than probative are whether the uncharged acts resulted in criminal convictions, and whether the evidence of the

Page 7