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California Evidence Code Section 1152

Legal Research Home > California Laws > Evidence Code > California Evidence Code Section 1152

1152.  (a) Evidence that a person has, in compromise or from
humanitarian motives, furnished or offered or promised to furnish
money or any other thing, act, or service to another who has
sustained or will sustain or claims that he or she has sustained or
will sustain loss or damage, as well as any conduct or statements
made in negotiation thereof, is inadmissible to prove his or her
liability for the loss or damage or any part of it.
   (b) In the event that evidence of an offer to compromise is
admitted in an action for breach of the covenant of good faith and
fair dealing or violation of subdivision (h) of Section 790.03 of the
Insurance Code, then at the request of the party against whom the
evidence is admitted, or at the request of the party who made the
offer to compromise that was admitted, evidence relating to any other
offer or counteroffer to compromise the same or substantially the
same claimed loss or damage shall also be admissible for the same
purpose as the initial evidence regarding settlement. Other than as
may be admitted in an action for breach of the covenant of good faith
and fair dealing or violation of subdivision (h) of Section 790.03
of the Insurance Code, evidence of settlement offers shall not be
admitted in a motion for a new trial, in any proceeding involving an
additur or remittitur, or on appeal.
   (c) This section does not affect the admissibility of evidence of
any of the following:
   (1) Partial satisfaction of an asserted claim or demand without
questioning its validity when such evidence is offered to prove the
validity of the claim.
   (2) A debtor's payment or promise to pay all or a part of his or
her preexisting debt when such evidence is offered to prove the
creation of a new duty on his or her part or a revival of his or her
preexisting duty.
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Last modified: March 17, 2014