CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Motion to Dismiss or Strike
11 Cards On This Topic:

Party objecting to admission of evidence must state specific reasons therefor.

Court may, in furtherance of justice, order an action to be dismissed; exceptions.

Trial court's orders striking Ds' enhancements were ineffective as court did not set forth its reasons for the dismissals in an order entered upon the minutes.

Trial court abused its discretion by basing decision to strike prior-conviction allegation on a factor extraneous to Three Strikes law.

Cannot strike D's cross-exam answer where it was responsive to question asked although DA unaware what he was asking; nothing in Evid. Code limits testimony to that which questioner intended to elicit.

Nothing in PC 1385 expressly grants the trial ct. post-judgment jurisdiction to dismiss a long-final conviction.

Juv. court's sanctioning F for asserting his 5th Amend. right not to self-incriminate, by striking testimony of witnesses, was harmless error where testimony would have bolstered court's jurisdictional finding.

Motion to strike properly denied for failure to specify grounds and specific evidence found objectionable.

Motion to strike properly denied if not "timely" made.

If question objectionable, party cannot wait for answer before objecting and making motion to strike.

When witness gives unexpected answer containing inadmissible and prejudicial matter which could not have been anticipated by objection to question, proper remedy is motion to strike.