Does section 1240 of the California Civil Code allow the admission of evidence from an out-of-court statement?

The admission of evidence under section 1240 does not implicate an accused's federal constitutional rights to due process and confrontation of witnesses. (People v. Merriman (2014) 60 Cal.4th 1, 67.) Thus, ordinarily the admission of evidence not authorized by section 1240 is subject to review only for state law error. (Id. at p. 70;

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People v. Partida (2005) 37 Cal.4th 428, 439.) "Whether an out-of-court statement meets the statutory requirements for admission as a spontaneous statement is generally a question of fact for the trial court, the determination of which involves an exercise of the court's discretion. [Citation.] We will uphold the trial court's determination of facts when they are supported by substantial evidence and review for abuse of discretion its decision to admit evidence under the spontaneous statement exception." (People v. Merriman, supra, at p. 65.)