“Me-Too” Evidence Properly Excluded In Employment Discrimination Case.

Plaintiff alleged he was discriminated against by his employer because of his Japanese ancestry and Asian race. A jury found in favor of the employer and found no employment discrimination. Plaintiff brought an unsuccessful motion for new trial, arguing the trial court erred in excluding evidence that a supervisor “openly favored employees of Arab ancestry.” The appellate court affirmed, noting the trial court properly exercised its discretion under Evidence Code section 352, in excluding plaintiff’s “me-too” evidence, and that plaintiff had pled his case as an anti-Asian case, not as an Arab favoritism case. Hatai v. Department of Transportation (Cal. App. Second Dist., Div. 3; March 28, 2013) 214 Cal.App.4th 1287.