What is the test for making a "mandatory" assumption in an action?
California, United States of America
The following excerpt is from People v. Reyes Martinez, 14 Cal.App.4th 1412, 18 Cal.Rptr.2d 300 (Cal. App. 1993):
1 Technically, in California all presumptions are "mandatory." Evidence Code section 600, subdivision (a) defines a presumption as "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." (See People v. Roder, supra, 33 Cal.3d at p. 502, 189 Cal.Rptr. 501, 658 P.2d 1302.)
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