Article 3. Presumptions Affecting The Burden Of Producing Evidence of California Evidence Code >> Division 5. >> Chapter 3. >> Article 3.
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
Money delivered by one to another is presumed to have been due
to the latter.
A thing delivered by one to another is presumed to have
belonged to the latter.
An obligation delivered up to the debtor is presumed to have
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.
An obligation possessed by the creditor is presumed not to
have been paid.
The payment of earlier rent or installments is presumed from a
receipt for later rent or installments.
The things which a person possesses are presumed to be owned
A person who exercises acts of ownership over property is
presumed to be the owner of it.
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
A writing is presumed to have been truly dated.
A letter correctly addressed and properly mailed is presumed
to have been received in the ordinary course of mail.
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.
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 it:
(a) Is at least 30 years old;
(b) Is in such condition as to create no suspicion concerning its
(c) Was kept, or if found was found, in a place where such
writing, if authentic, would be likely to be kept or found; and
(d) Has been generally acted upon as authentic by persons having
an interest in the matter.
A book, purporting to be printed or published by public
authority, is presumed to have been so printed or published.
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.
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.
(a) As used in this section, "defendant" includes any party
against whom the res ipsa loquitur presumption operates.
(b) The judicial doctrine of res ipsa loquitur is a presumption
affecting the burden of producing evidence.
(c) If the evidence, or facts otherwise established, would support
a res ipsa loquitur presumption and the defendant has introduced
evidence which would support a finding that he was not negligent or
that any negligence on his part was not a proximate cause of the
occurrence, the court may, and upon request shall, instruct the jury
to the effect that:
(1) If the facts which would give rise to res ipsa loquitur
presumption are found or otherwise established, the jury may draw the
inference from such facts that a proximate cause of the occurrence
was some negligent conduct on the part of the defendant; and
(2) The jury shall not find that a proximate cause of the
occurrence was some negligent conduct on the part of the defendant
unless the jury believes, after weighing all the evidence in the case
and drawing such inferences therefrom as the jury believes are
warranted, that it is more probable than not that the occurrence was
caused by some negligent conduct on the part of the defendant.
The return of a process server registered pursuant to Chapter
16 (commencing with Section 22350) of Division 8 of the Business and
Professions Code upon process or notice establishes a presumption,
affecting the burden of producing evidence, of the facts stated in