In what circumstances will the judge waiver or otherwise waiver from Smith of his or her knowledge of the relevant issues?

On this record, we decline to find any waiver by Smith of these issues, in view of the heavily litigated in limine motion and the unusual procedure used here. (See People v. Padilla, supra, 11 Cal.4th at p. 924, 47 Cal.Rptr.2d 426, 906 P.2d 388; Sacramento, etc. Drainage Dist. By and Through Reclamation Bd. v. Reed, 215 Cal.App.2d 60, 67, 29 Cal.Rptr. 847.) Rather, we consider whether the record shows the court made an effort to evaluate the potential prejudice as opposed to the probative value of the evidence, and whether any effort was made to ameliorate any prejudice that might occur. We first compare the types of conduct testified to, in light of the purpose for which the evidence was admitted, and then apply the tests referred to above.