Cal. Evidence Code § 401 : California Evidence Code — General Provisions — Admitting And Excluding Evidence — Preliminary Determinations On Admissibility Of Evidence — "Proffered evidence" Date: 31 Aug 2016 TEXT PDF Current through the 2016 Legislative Session As used in this article, "proffered evidence" means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact. Ca. Evid. Code § 401