Opinion
S272166
07-27-2023
JANE S.D. DOE v. S.C. (MOUNTAIN VIEW SCHOOL DISTRICT)
B313874 Second Appellate District, Div. 2
Opinion filed: Judgment reversed
We reverse the judgment of the Court of Appeal and remand with directions that it remand to the trial court to undertake proper proceedings under Evidence Code sections 1106 and 783. If, in the course of those future proceedings, the District attempts to advance its evolved and expansive arguments regarding the relevance and use of the evidence concerning the 2013 molestation for impeachment, the trial court will have an opportunity to consider that issue as well. In any event, we expect the trial court to engage in the structured focusing and narrowing contemplated by section 783, and, if after further consideration it allows evidence concerning the 2013 molestation, to specify what evidence may be introduced and what questions may be asked, thus clarifying what may be presented to the jury. Thereafter, if the previously empaneled jury remains constituted (as we were informed at oral argument it does), the trial court will be expected to proceed as appropriate in that regard.
Majority Opinion Guerrero, C. J.
-- joined by Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.