California Codes

Cal. Evidence Code § 605 (2026)

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 66 cases, 1969–2020 · leading case: Marr. of Valli, 324 P.3d 274 (Cal. 2014).
Marr. of Valli, 324 P.3d 274 (Cal. 2014). · cites it 2× “Section 662‟s purpose is to promote the public policy in favor of “the stability of titles to property” (Evid. Code, § 605; see In re Marriage of Haines (1995) 33 Cal.”
Pruyn v. Agric. Ins., 95 Cal. Daily Op. Serv. 5176 (Cal. Ct. App. 1995). · cites it 3× “Code, § 603) or is it one which affects “the burden of proof’ (Evid. Code, § 605)? 26 The court in Xebec Development Partners, Ltd.”
People v. R.V., 349 P.3d 68 (Cal. 2015). · cites it 2× “” (Evid. Code, § 605.) It is well settled that the presumption of competency comes within the category of policy-based evidentiary presumptions affecting the burden of proof.”
Fisher v. City of Berkeley, 693 P.2d 261 (Cal. 1984). · cites it 2× “" (Evid. Code, § 605.) The purpose of such a rebuttable presumption relates to public policy goals "other than or in addition to the policy of facilitating the trial of actions.”
Farr v. Cnty. of Nevada, 187 Cal. App. 4th 669 (Cal. Ct. App. 2010). · cites it 2× “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.”
Grisham v. Philip Morris U.S.A., Inc., 151 P.3d 1151 (Cal. 2007). “) On the other hand, “[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 .”
People v. Skeirik, 91 Cal. Daily Op. Serv. 2912 (Cal. Ct. App. 1991). · cites it 2× “[12] Evidence Code section 605 provides: "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…”
People v. Arriaga, 320 P.3d 1141 (Cal. 2014). “(Evid. Code, § 605.) The Legislature’s provision of a remedy under section 1016.”
Los Altos El Granada Investors v. City of Capitola, 2006 Cal. Daily Op. Serv. 4062 (Cal. Ct. App. 2006). “410 establishes a presumption to implement a public policy other than to facilitate the determination of the particular action in which the presumption is applied (Evid. Code, § 605), namely policies stated by sections 2.”
Alvarez v. Seaside Transp. Servs. LLC, 82 Cal. Comp. Cases 834 (Cal. Ct. App. 5th 2017). “*643 "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…”
People v. Dubon, 2000 Cal. Daily Op. Serv. 6129 (Cal. Ct. App. 2001). “(Evid. Code, § 605; State Compensation Ins.”
United Sav. & Loan Ass'n v. Reeder Dev. Corp., 57 Cal. App. 3d 282 (Cal. Ct. App. 1976). · cites it 2× “" [4] Evidence Code section 605 provides: "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…”
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