What is the test for making a statement in the presence of a party to an action?

his adoption or his belief in its truth." ( Evid. Code, 1221.) Thus, " "[w]hen a person makes a statement in the presence of a party to an action under circumstances that would normally call for a response if the statement were untrue, the statement is admissible for the limited purpose of showing the party's reaction to it. [Citations.] His silence, evasion, or equivocation may be considered as a tacit admission of the statements made in his presence." " ( People v. Jennings (2010) 50 Cal.4th 616, 661, 114 Cal.Rptr.3d 133, 237 P.3d 474.) The proponent must establish the statement was made under circumstances that would normally call for a response if the statement

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