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Appeal-Standards of Review-Miscarriage of Justice
(Huffman v. Interstate Brands)

Appeal-Standards of Review-Miscarriage of Justice
(Huffman v. Interstate Brands)

Ordinarily, in reviewing the erroneous admission of evidence, we are guided by Evidence Code section 353, which provides: “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: [¶] (a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and [¶] (b) The court which passes upon the effect of the error or errors is of the opinion that the admitted evidence should have been excluded on the ground stated and that the error or errors complained of resulted in a miscarriage of justice.” In civil cases, a miscarriage of justice should be declared only when the reviewing 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. (Pool v. City of Oakland (1986) 42 Cal.3d 1051, 1069.)

Huffman v. Interstate Brands

Aug 12 2004

B160274
[PDF] [DOC]

Huffman v. Interstate Brands 8/12/04 CA2/3

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