Can a defendant cross-examine the testimony of a witness who has never been called as a witness?

California's Evidence Code provides that "[e]vidence of former testimony is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and [] ... [] [t]he party against whom the former testimony is offered was a party to the action or proceeding in which the testimony was given and had the right and opportunity to cross-examine the declarant with an interest and motive similar to that which he has at the hearing." (Evid. Code, 1291, subd. (a)(2).) The section codifies a traditional exception to a criminal defendant's Sixth Amendment right to confront the prosecution's witnesses, and "when the requirements of [Evidence Code] section 1291 are met, the admission of former testimony in evidence does not violate a defendant's constitutional right of confrontation." (People v. Herrera (2010) 49 Cal.4th 613, 621.)