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People v. Calhoun
Evidence Code Section 1161(b) refers to any sexual conduct before victim's trial testimony, and bars evidence of victim's prostitution after defendant's arrest that is offered for credibility or impeachment purposes. 		Evidence 4DCA/3 Aug. 6, 2019
Doe v. Occidental College
Student's account of sexual assault by plaintiff, which was substantiated by other witnesses, was sufficient to provide substantial evidence to support adjudicator's finding that plaintiff violated school's sexual misconduct policy. 		Evidence 2DCA/3 Jul. 26, 2019
D.Z. v. Los Angeles Unified School Dist.
Because trial court drew a bright line excluding all evidence of teacher's conduct other than touching, it arbitrarily excluded evidence that was relevant to appellant's claim for negligence against school district. 		Evidence 2DCA/4 May 15, 2019
Biestek v. Berryhill
Vocational expert's refusal to provide private market-survey data upon applicant's request does not categorically preclude the expert's testimony from counting as substantial evidence. 		Evidence USSC Apr. 2, 2019
U.S. v. Haines
Excluding testimony of minor's prior prostitution activities did not violate defendant's due process right to present a defense and therefore did not trigger the 'rape shield' exception under Federal Rule of Evidence 412. 		Evidence 9th Mar. 15, 2019
Juen v. Alain Pinel Realtors, Inc.
The policy of a business to take certain actions under certain circumstances is by itself insufficient evidence to establish that the policy was adhered to on a specific occasion. 		Evidence 6DCA Mar. 8, 2019
Darab N. v. Olivera
The tender doctrine compels disclosure only in cases in which a patient's own action initiates the exposure, and not when an opposing party seeks to tender a patient's medical issues. 		Evidence 2DCA/1 Feb. 6, 2019
People v. Hull
Grant of immunity was not required when alleged victim invoked right against self-incrimination and became unavailable under Evidence Code Section 1291 because his prior testimony was neither clearly exculpatory nor essential. 		Evidence 3DCA Feb. 4, 2019
Fernandez v. Alexander
Because expert's declaration was purely conclusory, plaintiff presented no admissible evidence to controvert defendant's evidence that causation for medical malpractice cannot be established; thus motion for summary judgment was properly granted. 		Evidence 2DCA/8 Jan. 30, 2019
U.S. v. Lopez
Expert testimony on battered women syndrome is not categorically excludable and may be relevant to a defense of duress as it serves to dispel many of the misconceptions regarding women in abusive relationships. 		Evidence 9th Jan. 11, 2019
Modification: City of San Diego v. Superior Court
Trial court errs in disqualifying defendant's counsel based on an egregious violation of attorney-client privilege when the disclosure does not substantially and continuously effect the outcome of the case. 		Evidence 4DCA/1 Jan. 9, 2019
City of San Diego v. Superior Court
Trial court errs in disqualifying defendant's counsel based on an egregious violation of attorney-client privilege when the disclosure does not substantially and continuously effect the outcome of the case. 		Evidence 4DCA/1 Dec. 20, 2018
Guernsey v. City of Salinas
Evidence Code section 1150(a) does not prohibit admitting a statement that reflects a juror's reasoning processes if the aim of submitting the evidence is to show juror misconduct. 		Evidence 6DCA Dec. 19, 2018
People v. Superior Court (Smith)
Pursuant to Welfare and Institutions Code Section 6603(j), district attorney was entitled to review treatment records supporting an updated or replacement evaluators' opinions about petitioner's suitability for designation as Sexually Violent Predator. 		Evidence CASC Dec. 14, 2018
People v. Burton
False statement juror instruction CALCRIM No. 362's reference to the 'charged crime' does not improperly suggest to juror that false statements demonstrate consciousness of guilt of most serious charged crime. 		Evidence 3DCA Dec. 5, 2018
People v. Phea
CALCRIM No. 1191 requires Evidence Code Section 1108 evidence be proved by a preponderance of the evidence, but does not reduce the prosecution's burden of proof as to any charged offenses. 		Evidence 3DCA Nov. 30, 2018
Morgan v. Davidson
Under Evidence Code Section 1987(c), respondent was not required to provide the court with appellant's financial condition because appellant failed to comply with the notice to produce financial documents. 		Evidence 4DCA/2 Nov. 29, 2018
Modification: Hart v. Keenan Properties
Foreman's testimony regarding invoices purporting to show defendant supplied asbestos-cement pipes was inadmissible hearsay; wording on invoices were out of court statements offered to prove the truth of the matter asserted. 		Evidence 1DCA/5 Nov. 27, 2018
Hart v. Keenan Properties
Foreman's testimony regarding invoices purporting to show defendant supplied asbestos-cement pipes was inadmissible hearsay; wording on invoices were out of court statements offered to prove the truth of the matter asserted. 		Evidence 1DCA/5 Nov. 21, 2018
Modification: People v. Randolph
Per 'Leahy' and 'Joehnk,' experienced law enforcement officers may present expert testimony as to field sobriety test and its implications. 		Evidence 5DCA Nov. 16, 2018
People v. Garcia
Expert testimony on eyewitness identifications may be excluded when there is ample other evidence to substantially corroborate a witness' identification of a defendant. 		Evidence 4DCA/2 Nov. 5, 2018
People v. Randolph
Per 'Leahy' and 'Joehnk,' experienced law enforcement officers may present expert testimony as to field sobriety test and its implications. 		Evidence 5DCA Oct. 24, 2018
People v. Megown
Defendant's uncharged prior acts of domestic violence were admissible under Evidence Code Section 1109 with respect to cohabitant's mother because cohabitant was present; thus, the circumstances of these crimes involved domestic violence. 		Evidence 4DCA/1 Oct. 15, 2018
People v. Gutierrez
Trial court did not err by allowing the prosecution to impeach defendant with evidence that he took a car without the owner's permission because it was conduct involving moral turpitude. 		Evidence 4DCA/2 Oct. 11, 2018
Shenouda v. Veterinary Med. Bd.
Appellant failed to identify the factual findings he was challenging and provided few citations to the administrative record to support his argument; thus he forfeited his assignment of error. 		Evidence 2DCA/4 Sep. 25, 2018
Modification: People v. Banda
Pursuant to Health and Safety Code 11361.8(b), in a petition for relief for persons with prior marijuana convictions, the court could consider evidence beyond the record of conviction. 		Evidence 2DCA/7 Sep. 20, 2018
Coyne v. De Leo
A tenant who believes the landlord's invocation of the Ellis Act is phony may controvert the landlord's statement of intent by producing evidence of an alleged sham purchase contract and deed of trust. 		Evidence 1DCA/5 Aug. 30, 2018
People v. Banda
Pursuant to Health and Safety Code 11361.8(b), in a petition for relief for persons with prior marijuana convictions, the court could consider evidence beyond the record of conviction. 		Evidence 2DCA/7 Aug. 22, 2018
U.S. v. Fomichev
'Sham marriage' exception improperly invoked to deny defendant's suppression motion based on marital communications privilege, where government placed wire on wife of suspected immigration fraudster. 		Evidence 9th Aug. 9, 2018
Belfiore-Braman v. Rotenberg
Trial court does not err in precluding expert testimony on causation where it is 'too speculative' to present to the jury. 		Evidence 4DCA/1 Jul. 16, 2018
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