Can a defendant argue that admitting the evidence in a civil case would have violated his federal confrontation rights?

^3. In People v. Redd (2010) 48 Cal.4th 691, 730, we held that an objection on the ground of lack of foundation for a hearsay exception did not preserve an argument that admitting the evidence violated the defendant's Sixth Amendment confrontation rights. That holding is consistent with our holding here. In Redd, we found no error in overruling the objection actually made. We additionally held that the defendant could not argue the evidence should have been excluded for a reason not asserted below, i.e., that the evidence should have been excluded due to the confrontation clause. Here, we have found the court did err in overruling the objection actually made. Accordingly, defendant may argue that the error also had the consequence of violating his federal confrontation rights.