Bad, But Not Prejudicial

D.Z. v. LAUSD, No. B283799 (D2d4 May 14, 2019)

This is a pretty rare reversal of a jury verdict due to a trial court’s erroneous exclusion of evidence under Evidence Code § 352’s prejudice vs. probative value balancing test. That’s generally reviewed with a substantial amount of deference. But what the trial court did here was pretty bad. 

The case involves a teacher allegedly molesting a student. A key issue is whether the school was on notice that the teacher was a creep. The trial court, however, limited any evidence of other creepiness to the teacher’s physical acts. So the jury never heard, for instance, that the school knew about, but did not discipline, the teacher for his collection of inappropriate student photos or his lewd comments about a student’s breasts. That’s not ok.

Reversed.