What is the case law on preliminary findings in a medical malpractice case?

Smith does not dispute the materiality of the facts sought to be proved or disproved by the evidence. Instead, she argues the other misconduct evidence would have no relevance or "tendency in reason" to prove her knowledge or absence of mistake unless the preliminary facts were shown. We conclude the trial court's determination--that there was sufficient evidence from which the jury could have found the preliminary facts true by a preponderance of the evidence (People v. Marshall, supra, 13 Cal.4th at p. 832)--was not an abuse of discretion.