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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 1942

Citation
Section 1942
Parent Document
Drouet v. Superior Court, 73 P.3d 1185 (2003)
Jurisdiction
California (state)
Effective Date
2003-08-11

Other Sections in This Document (188)

Full Text

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[1] The power of California appellate courts to create presumptions is expressly recognized by the Evidence Code. (In re Daniel Z. (1992) 10 Cal.App.4th 1009, 1019, 13 Cal.Rptr.2d 139; 1 Witkin, Cal. Evid. (4th ed. 2000) Burden of Proof and Presumptions, § 103, p. 235.) That the Evidence Code recognizes the power of appellate courts to create presumptions becomes clear when sections 600 and 160 are read together. Evidence Code section 600 provides that a presumption is an assumption of fact "the law requires" to be made from another fact or group of facts established in the action, and Evidence Code section 160 provides that "law" includes "decisional law."