What is the test for unduly prejudicial evidence in a personal injury case?

California, United States of America


The following excerpt is from People v. Rivera, F066130 (Cal. App. 2015):

Conversely, the evidence was not unduly prejudicial within the meaning of section 352. "'Evidence is substantially more prejudicial than probative [citation] if, broadly stated, it poses an intolerable "risk to the fairness of the proceedings or the reliability of the outcome" [citation].' [Citation.]" (People v. Jablonski (2006) 37 Cal.4th 774, 824.) "'"The 'prejudice' referred to in ... section 352 applies to evidence which uniquely tends to evoke an emotional bias against ... [one party] as an individual and which has very little effect on the issues."' [Citations.]" (People v. Garceau (1993) 6 Cal.4th 140, 178, disapproved on another ground in People v. Yeoman (2003) 31 Cal.4th 93, 117-118.)

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