What is the current state of the law on the definition of "present ability" under section 240 of the Civil Code of Civil Procedure, and what is the test for that?

as the very next step in the sequence of events, or without any delay." (People v. Chance (2008) 44 Cal.4th 1164, 1172.) " 'There need not be even a direct attempt at violence; but any indirect preparation towards it, under the circumstances mentioned, such as drawing a sword or bayonet, or even laying one's hand upon his sword, would be sufficient.' " (Ibid., quoting Hays v. The People (N.Y. Sup.Ct. 1841) 1 Hill 351, 353.) "[W]hen a defendant equips and positions himself to carry out a battery, he has the 'present ability' required by section 240 if he is capable of inflicting injury on the given occasion, even if some steps remain to be taken, and even if the victim or the surrounding circumstances thwart the infliction of injury." (Ibid.)