Cal. Evidence Code § 400 : California Evidence Code — General Provisions — Admitting And Excluding Evidence — Preliminary Determinations On Admissibility Of Evidence — "Preliminary fact" and "the admissibility or inadmissibility of evidence" Date: 31 Aug 2016 TEXT PDF Current through the 2016 Legislative Session As used in this article, "preliminary fact" means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. The phrase "the admissibility or inadmissibility of evidence" includes the qualification or disqualification of a person to be a witness and the existence or nonexistence of a privilege. Ca. Evid. Code § 400