Largely affirming Walgren v. Coleco Industries, Inc. (1984) 151 Cal.App.3d 543, this decision holds that, in general, testimony given in a discovery deposition in a prior case cannot be introduced at trial under Evid. Code 1291(a)(2) in another against a party present at the deposition because the motives and interest of a party at a deposition generally is dissimilar from the same party’s motive and interest in cross-examining the witness at trial. However, the general rule is subject to exceptions if the proponent of the evidence can show that the opponent had a similar motive and interest at the prior deposition. The decision outlines a laundry list of factors the trial court is to consider in ruling on an objection to prior deposition testimony, including (a) whether the parties agreed before or after the deposition to its use in other litigation or in place of trial testimony in the case in which it was given, (b) timing of the deposition relative to other discovery and circumstances that may motivate cross-examination at a deposition, (c) relationship of the witness to the opponent of the evidence–the more distant the relationship, the greater the motive to cross-examine, (d) anticipated availability of the witness at trial. (e) conduct at the deposition and the particular testimony sought to be introduced.