Burdens, Presumptions, and Inferences under the California Evidence Code

In Division 5 of the California Evidence, there are statutes related to the burden of proof, burden of producing evidence, presumptions, and inferences. Chapter 1 is on the Burden of Proof. Article 1 provides general sections. Section 500 specifies that a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.

Section 501 provides that, whenever a statute assigns the burden of proof in a criminal action, that statute is subject to Penal Code Section 1096. Section 502 requires the court on all proper occasions to instruct the jury as to which party bears the burden of proof on each issue and as to whether that burden requires that a party raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.

Article 2 deals with the Burden of Proof on Specific Issues. Section 520 states that the party claiming that a person is guilty of a crime or wrongdoing has the burden of proof on that issue. Section 521 says that the party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue. Section 522 provides that the party claiming that any person, including himself, is or was insane has the burden of proof on that issue.

Section 523 says that, in any action where the state is a party, regardless of who is the moving party, where (a) the boundary of land patented or otherwise granted by the state is in dispute, or (b) the validity of any state patent or grant dated prior to 1950 is in dispute, the state has the burden of proof on all issues relating to the historic locations of rivers, streams, and other water bodies and the authority of the state in issuing the patent or grant.

Section 524 provides that, in a civil proceeding to which the State Board of Equalization is a party, the SBE has the burden of proof by clear and convincing evidence in sustaining its assertion of a penalty for intent to evade or fraud against a taxpayer, with respect to any factual issue relevant to ascertaining the liability of a taxpayer.

Chapter 2 deals with the Burden of Producing Evidence. Section 550 states that the burden of producing evidence as to a particular fact is on the party against whom a finding on that fact would be required in the absence of further evidence.

(b) The burden of producing evidence as to a particular fact is initially on the party with the 

Article 1 provides general sections related to presumptions. Section 600 states that a presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action. A presumption is not evidence. In addition, an inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts found or otherwise established in the action.

Section 601 provides that a presumption is either conclusive or rebuttable. Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof. Section 602 specifies that a statute providing that a fact or group of facts is prima facie evidence of another fact establishes a rebuttable presumption.

Section 603 states that a presumption affecting the burden of producing evidence is a presumption established to implement no public policy other than to facilitate the determination of the particular action in which the presumption is applied.

Section 604 says that the effect of a presumption affecting the burden of producing evidence is to require the trier of fact to assume the existence of the presumed fact unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact will determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption.

Section 605 provides that a presumption affecting the burden of proof is a presumption established to implement some public policy other than to facilitate the determination of the particular action in which the presumption is applied, such as the policy in favor of establishment of a parent and child relationship, the validity of marriage, the stability of titles to property, or the security of those who entrust themselves or their property to the administration of others.

Section 606 says that the effect of a presumption affecting the burden of proof is to impose upon the party against whom it operates the burden of proof as to the nonexistence of the presumed fact. Section 607 requires that, when a presumption affecting the burden of proof operates in a criminal action to establish presumptively any fact that is essential to the defendant’s guilt, the presumption operates only if the facts that give rise to the presumption have been found or otherwise established beyond a reasonable doubt and, in such case, the defendant need only raise a reasonable doubt as to the existence of the presumed fact.

Article 2 concerns Conclusive Presumptions. Section 620 provides that the presumptions established by this article, and all other presumptions declared by law to be conclusive, are conclusive presumptions.

Section 622 states that the facts recited in a written instrument are conclusively presumed to be true as between the parties, or their successors in interest; but this rule does not apply to the recital of a consideration.

Section 623 provides that, whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it. Section 624 prohibits a tenant from denying the title of his landlord at the time of the commencement of the relation.

Chapter 3 deals with Presumptions and Inferences. Article 3 concerns Presumptions Affecting the Burden of Producing Evidence. Section 630 provides that the presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 603, are presumptions affecting the burden of producing evidence.

Section 631 states that money delivered by one to another is presumed to have been due to the latter. Section 632 specifies that a thing delivered by one to another is presumed to have belonged to the latter. Section 633 states that an obligation delivered up to the debtor is presumed to have been paid.

Section 634 provides that a person in possession of an order on himself for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the thing accordingly. Section 635 says that an obligation possessed by the creditor is presumed not to have been paid. Section 636 states that the payment of earlier rent or installments is presumed from a receipt for later rent or installments.

Section 637 specifies that the things which a person possesses are presumed to be owned by him. Section 638 states that a person who exercises acts of ownership over property is presumed to be the owner of it. Section 639 says that a judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the parties, but there is no presumption that the facts essential to the judgment have been correctly determined.

Section 640 provides that a writing is presumed to have been truly dated. Section 641 says that a letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. Section 642 specifies that a trustee or other person, whose duty it was to convey real property to a particular person, is presumed to have actually conveyed to him when such presumption is necessary to perfect title of such person or his successor in interest.

Section 643 says that a deed or will or other writing purporting to create, terminate, or affect an interest in real or personal property is presumed to be authentic if specified conditions are met. Section 644 states that a book, purporting to be printed or published by public authority, is presumed to have been so printed or published.

Section 645 states that a book, purporting to contain reports of cases adjudged in the tribunals of the state or nation where the book is published, is presumed to contain correct reports of such cases. Section 645.1 provides that printed materials, purporting to be a particular newspaper or periodical, are presumed to be that newspaper or periodical if regularly issued at average intervals not exceeding three months.

Section 646 defines the term “defendant.” Also, it provides that the judicial doctrine of res ipsa loquitur is a presumption affecting the burden of producing evidence. Section 647 specifies that the return of a process server upon process or notice establishes a presumption, affecting the burden of producing evidence, of the facts stated in the return.

Article 4 deals with Presumptions Affecting the Burden of Proof. Section 660 states that the presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 605, are presumptions affecting the burden of proof.

Section 662 states that the owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof. Section 663 specifies that a ceremonial marriage is presumed to be valid. Section 664 states that is is presumed that official duty has been regularly performed.

Section 665 provides that a person is presumed to intend the ordinary consequences of his voluntary act. This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged.

Section 666 states that any state or federal court, or any court of general jurisdiction in any other state or nation, or any judge of such a court, acting as such, is presumed to have acted in the lawful exercise of its jurisdiction. This presumption applies only when the act of the court or judge is under collateral attack. Section 667 explains that a person not heard from in five years is presumed to be dead.

Section 668 provides that an unlawful intent is presumed from the doing of an unlawful act. This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged.

Section 669 specifies that the failure of a person to exercise due care is presumed if:

(1) He violated a statute, ordinance, or regulation of a public entity;

(2) The violation proximately caused death or injury to person or property;

(3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and

(4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.

In addition, the presumption can be rebutted by specified information.

Section 669.1 provides that a rule, policy, manual, or guideline of state or local government setting forth standards of conduct or guidelines for its employees in the conduct of their public employment cannot be considered a statute, ordinance, or regulation of that public entity, unless the rule, manual, policy, or guideline has been formally adopted as a statute, as an ordinance of a local governmental entity in this state empowered to adopt ordinances, or as a regulation by an agency of the state of federal governments pursuant to the Administrative Procedure Act.

Section 669.5 states that any ordinance enacted by the governing body of a city, county, or city and county which (1) directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes, or (2) changes the standards of residential development on vacant land so that the governing body’s zoning is rendered in violation of state law, then it is presumed to have an impact on the supply of residential units available in an area which includes territory outside the jurisdiction of the city, county, or city and county.

Section 670 provides that, in any dispute concerning payment by means of a check, a copy of the check produced, together with the original bank statement that reflects payment of the check by the bank on which it was drawn or a copy thereof produced in the same manner, creates a presumption that the check has been paid.