CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Procedural Aspects of Exceptions
.........Estoppel to Argue Unavailability
3 Cards On This Topic:

Defense continuances when witness available, and refusal to agree to P's continuance request when witness no longer available, estops D from objecting to admission of former testimony.

When witness who testified at earlier proceeding leaves state, he is unavailable if adequate opportunity for cross-examination existed at earlier proceeding.

Failure to object on unavailability issue at trial estops D from objecting to admission of prior testimony.