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Trust & Will Lawsuits Meets the California Evidence Code
If the title is not yet published, you will receive a review copy as soon as it's available. The similar acts need not be crimes. Analyze your case carefully to find relevant non-character purposes for which prior or subsequent behavior of your opponent may be offered.
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Obviously, the jury will draw both the permissible and impermissible inferences. Go to an exhaustive source of case law such as Witkins and look for cases and fact patterns similar to yours for ideas.
Code Section Group
Perhaps you may decide to plead your case a certain way in ensure that similar acts come in. For example, prior acts of her negligence might not come in if you sue only the doctor for malpractice, but would come in if you sue the hospital for negligently entrusting that doctor with its operating facilities.
In a products liability case, you might ask for punitive damages so you can put on evidence of other complaints and law suits to show notice of the defect. People v.
Ewoldt, 7 Cal. It provides a detailed analysis of EC b , the three main categories of similar acts it allows those going to intent, identity, and plan , and the necessary degree of frequency and similarity of the other behavior compared to the that alleged in the instant case. As a general rule, other acts going to a mental state e.