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Were the errors prejudicial?
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The existence of an error isn’t enough to require reversal; the error must be prejudicial. The appellant has to show that “‘it seems probable’ that the error ‘prejudicially affected the verdict.’” (Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 580, 34 Cal.Rptr.2d 607 [instructional error]; see also Osborn v. Irwin Memorial Blood Bank (1992) 5 Cal.App.4th 234, 254-255, 7 Cal.Rptr.2d 101 [evidentiary error].)
To establish prejudicial error, the appellant essentially must show that the result would have been different “but for” the error. “[A] ‘probability’ in this context does not mean more likely than not, but merely a reasonable chance, more than an abstract possibility.” (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 715, 34 Cal.Rptr.2d 898, emphasis in original [trial error generally].) |
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MSD@LACBA.ORG
