What is the test for establishing a reasonable chance of success in a sexual assault case?

Aguirre. For example, (1) when did the conversation with defendant take place; (2) where did that conversation take place; and (3) were other people present during the conversation. (People v. Singh (1912) 20 Cal.App. 146, 149 [foundation requires the circumstances of the time and place the statement was made and the people present, so a defendant or witness may intelligently deny, affirm, or explain the statements].)