California Codes
Cal. Evidence Code § 641 (2026)
✓ current as of May 2026
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A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.
Notes of Decisions
Cited in 69
cases (20 in the last 5 years), 1970–2026 · leading case: Baxter v. Cal. State Teachers' Ret. Sys., 227 Cal. Rptr. 3d 37 (Cal. Ct. App. 5th 2017).
Baxter v. Cal. State Teachers' Ret. Sys., 227 Cal. Rptr. 3d 37 (Cal. Ct. App. 5th 2017). “Receipt Fellows testified at the administrative hearing that she sent the memorandum to MCOE along with its attachments.”
Mamou v. Trendwest Resorts, Inc., 104 Fair Empl. Prac. Cas. (BNA) 1105 (Cal. Ct. App. 2008). “This testimony hardly carries Trendwest’s burden of establishing the date of receipt as beyond controversy, particularly in light of the statutory presumptions that a properly addressed letter is received in the ordinary course of mail (Evid. Code, § 641), and that a writing is…”
Los Angeles Cnty. Dep't of Child. & Fam. Servs. v. Wilford J., 2005 Cal. Daily Op. Serv. 6698 (Cal. Ct. App. 2005). “(e)(1) [requiring notice to parent to be served by personal service or certified mail when parent was not present at initial hearing]; Evid. Code, § 641 [letter correctly addressed and properly mailed is presumed to have been received].”
Evans v. Dep't of Motor Vehs., 94 Cal. Daily Op. Serv. 289 (Cal. Ct. App. 1994). “It is unquestioned that the certified mail was in fact delivered to Evans's established place of business.”
In Re Jh, 70 Cal. Rptr. 3d 1 (Cal. Ct. App. 2007). “(e)(1) [requiring notice to parent to be served by personal service or certified mail when parent was not present at initial hearing]; Evid.Code, § 641 [letter correctly addressed and properly mailed is presumed to have been received].”
Consum. Watchdog v. Dep't of Managed Health Care, 225 Cal. App. 4th 862 (Cal. Ct. App. 2014). ““It is presumed that official duty has been regularly performed.” (Evid. Code, § 664.) While there is a similar presumption that a letter correctly addressed and properly mailed has been received “in the ordinary course of mail” (Evid.”
Dill v. Berquist Constr. Co., 94 Cal. Daily Op. Serv. 3269 (Cal. Ct. App. 1994). “” (Evid. Code, § 641.) That reliance is misplaced, because the record here does not establish that the envelopes were correctly addressed.”
Craig v. Brown & Root, Inc., 2000 Cal. Daily Op. Serv. 8651 (Cal. Ct. App. 2000). “2000) Burden of Proof and Presumptions, §§ 67, 78, pp. 216, 219.) 1 As is true of most presumptions affecting the burden of producing evidence, this one is an expression of common experience, one in which the presumed fact (receipt of that which was mailed) is so likely to be…”
In Re Marcos G., 182 Cal. App. 4th 369 (Cal. Ct. App. 2010). “Lack of a signed return receipt is not proof that *387 a parent did not receive a notice; Evidence Code section 641 provides a presumption that letters that are correctly addressed and properly mailed have been received in the ordinary course of mail.”
Reo Broad. Consultants v. Martin, 99 Cal. Daily Op. Serv. 671 (Cal. Ct. App. 1999). “(Evid. Code, § 641.) The evidence presented to the trial court included evidence *498 that defendant’s attorney received the final determination on July 11, 1997— one day after it was mailed.”
HIM v. City & Cnty. of San Francisco, 2005 Cal. Daily Op. Serv. 8991 (Cal. Ct. App. 2005). “) The law presumes that items mailed are received (Evid. Code, § 641) because the presumed fact “is so likely to be true that the law requires it to be assumed in the absence of contrary evidence.”
Bank of Am. Nat'l Trust & Sav. Ass'n v. Giant Inland Empire R v. Ctr., Inc., 2000 Cal. Daily Op. Serv. 2020 (Cal. Ct. App. 2000). “” 9 (Evid. Code, § 641.) 10 County presented no evidence to rebut this presumption.”
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