What is the test for evidence of misconduct in a civil case involving uncharged misconduct?
California, United States of America
The following excerpt is from People v. Keesling, G044483, Super. Ct. No. 08HF0910 (Cal. App. 2011):
issues, or of misleading the jury." (Evid. Code, 352.) In cases involving uncharged misconduct, "[t]he probative value of the uncharged offense evidence must be substantial . . . ." (People v. Kipp (1998) 18 Cal.4th 349, 371.)
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