Public Policy Exclusions CA

Question 1

Subsequent Remedial Measures

Answer 1

BOTH Federal and California law: Evidence of safety measures or repairs after an accident is inadmissible to prove negligence or culpable conduct.

Federal Rules: Also inadmissible to prove a defect in a product or its design in a products liability action based on a theory of strict liability.

California: Admissible in strict liability cases. Only inadmissible in negligence cases.

Question 2

Evidence of Settlements/Settlement Negotiations

Answer 2

BOTH Federal and California law: Evidence of settlements/offers to settle are inadmissible to prove liability or fault.

California: Statements and writings made in connection with MEDIATION proceedings are also inadmissible in civil cases.

Question 3

Offers to Pay Medical Expenses

Answer 3

BOTH Federal and California law: Inadmissible to prove liability for the injuries in question.

Federal Rules: Admissions of fact accompanying such payments and offers are generally admissible, unless made as part of a settlement offer

California: Admissions of fact made in conjunction with payments or offers to pay medical expenses are inadmissible.

Question 4

Plea Discussions

Answer 4

BOTH Federal Rules and California: Offers to plead guilty, withdrawn guilty pleas, pleas of nolo contendere, and statements of fact made during plea discussions are inadmissible.

It is unclear whether Proposition 8 would make this admissible in California. “Even if Prop. 8 applies to such evidence, the court still may exclude it for unfair prejudice.”

Question 5

Expressions of Sympathy in civil cases

Answer 5

CA ONLY: Expressions of sympathy relating to the pain, suffering, or death of an accident victim are inadmissible in civil cases.

However, statements of fault made in connection with such an expression are not excluded.

Question 6

Evidence of Immigration Status in Civil Cases

Answer 6

CA ONLY: Evidence of a person’s immigration status is not admissible in civil actions for personal injury or wrongful death.

In all other proceedings, the judge must hold an in camera hearing to determine admissibility before disclosure.

Question 7

Acts of Prostitution

Answer 7

CA ONLY:

When a person was a victim of or witness to a certain crime, evidence that the person had engaged in an act of prostitution at or around the same time is inadmissible against them in a separate criminal prosecution for prostitution.

The qualifying crimes are: any serious felony, assault, domestic violence, extortion, human trafficking, sexual battery, and stalking.

Question 8

Public Policy Exclusions Overview

Answer 8

BOTH CA and Federal Rules (with distinctions):
- Subsequent Remedial Measures
- Settlement Offers
- Offers to Pay Medical Expenses
- Plea Discussions

CA ONLY:
- Expressions of Sympathy
- Immigration Status
- Hospital Quality Records
- Acts of Prostitution