Bowen v. Ryan

Bowen v. Ryan (2008) 163 Cal.App.4th 916, provides a useful illustration of the limitation on the use of evidence of other acts to establish intent. In Bowen, a patient sued a pediatric dentist for assault and battery, claiming the dentist choked and restrained him, shoved him against a wall, and threatened him with harm during a dental visit in 2002, after the child became afraid of a shot the dentist was about to administer. (Id. at pp. 919-920.) The trial court permitted the plaintiff to introduce evidence of other incidents between the dentist and other patients, which it deemed relevant for the purpose of demonstrating a common plan and design, as well as intent. (Id. at pp. 921-922, 923.) On appeal, the court found the evidence of prior uncharged acts inadmissible to prove intent, because intent was not at issue. The court noted that the plaintiff claimed the dentist had choked him and shoved him against a wall. If the defendant had conceded having done so, but had claimed the acts occurred accidently or otherwise, evidence of prior acts might have been admissible to establish intent. However, because the dentist denied having choked or shoved the child, the acts were neither conceded nor assumed. Accordingly, since the defendant's intent was not at issue, "evidence of uncharged acts could not be admitted to prove an irrelevant matter." (Id. at p. 926.)