evidence exclusion

2 opinions tagged “evidence exclusion”

January 9, 2026 Court of Appeal, Fourth Appellate District, Division One

Higginson v. Kia Motors America 1/9/26 CA4/1

The Rule of Higginson is that dismissal of a CLRA claim for failure to file a concurrent venue affidavit must be without prejudice (with leave to amend), not with prejudice, under Civil Code section 1780(d), and that unremedied discovery misuse that deprives a party of material evidence required for trial warrants a new trial and monetary sanctions, under circumstances where a party falsely verifies that responsive documents "never existed" and the court's remedial jury instruction becomes ineffective due to evidentiary exclusions.

5/27/26 Court of Appeal of the State of California, First Appellate District, Division Five

P. v. Hsiung 5/27/26 CA1/5

The Rule of People v. Wayne Hansen Hsiung is that a defendant charged with specific intent crimes such as trespass with intent to interfere with business and conspiracy must be permitted to present evidence of his good faith mistake of law defense based on his belief that necessity doctrine justified his conduct, even when the necessity defense itself is legally unavailable, under circumstances where legal experts advised the defendant that his trespass was lawful under necessity principles.

criminal trespass conspiracy necessity defense mistake of law specific intent constitutional rights animal rights First Amendment due process jury instructions evidence exclusion