Case Summary

P0148 REVIEW DENIED A trial court's exercise of discretion in excluding evidence because its probative value is outweighed by the probability that it will cause undue consumption of time or create substantial danger of unduly prejudicing, confusing, or misleading the jury should not be disturbed unless it exceeds the bounds of reason; although a trial judge should endeavor not to personify litigation by making remarks about counsel and his/her tactics, such statements made outside the presence of the jury do not necessarily amount to judicial misconduct; a juror's request that the trial judge stop using facial expressions to convey his feelings about the case on trial before him was an indication that the jury was not influenced by the judge's behavior and was capable of looking behind it; a trial judge's failure before a hearing on motions in limine to read papers submitted with the motion can be cured by his reading them before rendering an opinion; a party who voluntarily complies with the terms of a judgment impliedly waives the right to appeal from it; if enforcement of a public interest is incidental to realization of plaintiff's private goals in litigation, plaintiff is not entitled to attorney fees as a private attorney general; an interlocutory adjudication in a matter that has not reached final determination on the merits and remains open to direct attack by appeal or otherwise should not be given collateral estoppel effect.

RYAN v CA INTERSCHOLASTIC (High School Basketball) 94 CA4 1048 [See: EvC 352; Robinson v Grossman 57 CA4 634, T/AT 10/97; People v Ham 7 CA3 768; Hall v Harker 69 CA4 836, T/AT 3/99; Catchpole v Brannon 36 CA4 237, T/AT 7/95]