CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Foundation Issues
......Determination of Foundational Fact
.........Discretionary Hearing
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In matters not involving criminal confessions, court not required to hold hearing to determine preliminary facts out of presence of jury.

Court not bound to provide unprompted, additional hearings under Evid. Code §402 merely because it had earlier suggested it would do so

Court may determine admissibility of dying declaration within presence of jury.

Attorney-client privilege may be determined in presence of jury.

Doubtful questions of evidence or procedure should probably be presented outside jury's presence. Rule flexible, court should consider risk of prejudice to objecting party.