CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Foundation Issues
......Facts Finally Determined by Judge
.........Hearsay Evidence
6 Cards On This Topic:

Proponent of hearsay has to alert court to exception relied on and burden of laying proper foundation for that exception.

Determination of preliminary fact on hearsay challenge to proffered confession, dying declaration, or spontaneous statement is vested solely in trial court.

Determination of trustworthiness of declaration against interest shall be made solely by trial court under Evid. Code §405.

Whether hearsay statement is against penal interest of declarant is preliminary fact which shall be determined by court.

Trial court shall solely determine admissibility of spontaneous statement.

Unavailability determination is preliminary fact to be decided solely by trial court.