What is the test for setting aside a finding in a civil case?

California, United States of America


The following excerpt is from Miura v. Eliseo, G039154 (Cal. App. 12/8/2008), G039154 (Cal. App. 2008):

"A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless: [] . . . [] (b) . . . the error or errors complained of resulted in a miscarriage of justice." (Evid. Code, 353.) In civil cases, a miscarriage of justice should be declared only when the court, "`"`after an examination of the entire cause, including the evidence,' is of the `opinion' that it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error."' [Citation.]" (Pool v. City of Oakland (1986) 42 Cal.3d 1051, 1069.)

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