What is the test for excluding evidence that a defendant had a propensity to commit acts of domestic violence?

(People v. Escobar (2000) 82 Cal.App.4th 1085, 1095.) Evidence Code section 352 provides that: "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."

"'Prejudice' in the context of Evidence Code section 352 is not synonymous with 'damaging': it refers to evidence that poses an intolerable risk to the fairness of the proceedings or reliability of the outcome. [Citation.]" (People v. Booker (2011) 51 Cal.4th 141, 188.)

"An exercise of discretion under Evidence Code section 352 will be affirmed unless it was arbitrary, capricious, or patently absurd and the ruling resulted in a miscarriage of justice. [Citation.]" (People v. Winbush (2017) 2 Cal.5th 402, 469.)

Evidence that defendant had a propensity to commit acts of domestic violence was substantially probative. "'In the determination of probabilities of guilt, evidence of character is relevant. [Citations.]' [Citation.] Indeed, the rationale for excluding such evidence is not that it lacks probative value, but that it is too relevant." (People v. Fitch (1997) 55 Cal.App.4th 172, 179.)