California, United States of America
The following excerpt is from Espy v. Espy, 191 Cal.App.3d 1163, 236 Cal.Rptr. 755 (Cal. App. 1987):
1 Similar rules govern a defense of waiver, which requires clear and convincing evidence of the intentional relinquishment of a known right or privilege with knowledge of the facts--particularly where the right alleged to have been waived is one favored in law. (City of Ukiah v. Fones (1966) 64 Cal.2d 104, 107, 48 Cal.Rptr. 865, 410 P.2d 369; In re Marriage of Moore (1980) 113 Cal.App.3d 22, 27, 169 Cal.Rptr. 619 [marital property rights "favored in law" within this rule].)
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