CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Evid. Affected by Extrinsic Policies
.........Offer to Compromise or Settlements
............Exceptions to Rule of Inadmissibility
7 Cards On This Topic:

Evid. Code §1152 prohibits evidence of compromise to prove liability, but permits re breach of implied covenant of good faith and fair dealing.

Although not structural error, trial ct. abused its discretion by excluding relevant evidence of Ps pretrial settlement with other Ds; error was prejudicial.

In auto PI case, letters from P to ins. co. re damages from later accident were admissible—although part of settlement negotiations, they were not offered to prove the invalidity of the claim under negotiation.

Letter of apology from woman who claimed man raped her was properly admitted in libel action against organization; not barred as settlement offer.

Evid. Code §1152 is inapplicable in criminal cases.

Evidence relative to issue of whether there has been an accord and satisfaction is admissible, but must be independent of compromise.

Jury instruction on sliding scale settlement agreement between P and 2 of 3 Ds improper as failing to tell jurors of potential bias in testimony of settling Ds.