Character, Habit, or Custom Evidence in the “Me Too” Era

Evidence Code 1101(a) provides “…evidence of a person’s character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion.”

Lawyers tend to assume that means that a person’s character is never admissible. But, that is far from the complete story…a story that continues to evolve in today’s “me-too” world.

In recent years, in cases of sexual harassment, the court has increasingly allowed the introduction of “me-too” testimony from others who claim they too were subjected to the same or similar treatment by the defendant to prove that the plaintiff was subjected to sexual harassment. It is not unreasonable to expect that this approach will be increasingly allowed in other types of civil cases.

This program will review the case law and the statutes governing the admissibility of character and reputation evidence.

Presented by: LINDA B. HUREVITZ,  Senior Counsel – Ballard Rosenberg, Golper & Savitt, LLP

About Linda B. Hurevitz

Linda Hurevitz speaks at Fiduciary Round Table of the San Gabriel ValleyAs senior counsel at Ballard Rosenberg, Golper & Savitt, LLP, Linda Hurevitz handles full case management through trial of all aspects of litigated labor and employment matters including discrimination, harassment,  retaliation, whistleblower, and wage and hour claims including investigations, law and motion, depositions of witnesses and experts, mediations, arbitrations, pre-trial and post-trial motions, witness and trial preparation and trial.