Parada
Parada v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Gary Rehbein appeals the judgment of the district court entered upon a jury verdict in favor of Anna Parada on her defamation claim against him. We affirm. Because the parties are familiar with the factual and legal history of this case, we need not recount it here.
I
The district court did not err in excluding evidence pursuant to Federal Rule of Evidence 403 tendered by Rehbein concerning Parada’s reputation, a decision that we review under the deferential abuse of discretion standard. United States v. Lyons, 453 F.3d 1222, 1232 (9th Cir.2006). Rehbein sought to introduce evidence to show the truth of the statements he allegedly made. However, Rehbein did not tender any direct proof; rather, he proposed to establish truth by offering hearsay reputation evidence. Such evidence is not competent to establish the truth of the matter asserted. Fed.R.Evid. 802. Further, the witness whose testimony Rehbein sought to present could not recall who made the statements, nor the context in which they were made. Therefore, the district court did not abuse its discretion in concluding that the probative value of the evidence was outweighed by its prejudicial effect.