California, United States of America
The following excerpt is from Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co., 59 Cal.App.4th 436, 69 Cal.Rptr.2d 207 (Cal. App. 1997):
"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." (Evid.Code, 600, subd. (a).) 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." (Evid.Code, 601, italics added.) " 'A presumption affecting the burden of producing evidence requires the ultimate fact to be found from proof of the predicate facts in the absence of other evidence. If contrary evidence is introduced then the presumption has no further effect and the matter must be determined on the evidence presented. (Evid.Code, 604.)' " (State Compensation Ins. Fund v. Workers' Comp. Appeals Bd. (1995) 37 Cal.App.4th 675, 682, 43 Cal.Rptr.2d 660.)
A presumption affecting the burden of proof "has a more substantial impact in determining the outcome of litigation. 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.' (Evid.Code, 606.) While a presumption affecting the burden of producing evidence concerns only the particular litigation in which it applies [ (Evid.Code, 603) ], a presumption affecting the burden of proof 'is established to implement some public policy other than to facilitate the particular action in which it applies. [Citations.]' ( ... Evid.Code, 605.)" (State Compensation Ins. Fund, supra, 37 Cal.App.4th at p. [59 Cal.App.4th 449] 682, 43 Cal.Rptr.2d 660.) In other words, " ' "[w]hat makes a presumption one affecting the burden of proof is the fact that there is always some further reason of policy for the establishment of the presumption." ' " (Pruyn v. Agricultural Ins. Co. (1995) 36 Cal.App.4th 500, 530, 42 Cal.Rptr.2d 295.)
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