raised presumption (California) · Go Syfert
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raised presumption in California

7 California opinions name it 2 courts 1952–2025 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Campbell v. General Motors Corp.green
cal · 1982 · cited in 2 California opinions naming this issue, 2002–2002
2 sentences

2002However, the "jurors' confusion was not remedied either by the court's [answer] in response to their query or by other instructions." ( Scott, at p. 152, 32 Cal.Rptr.2d 643 ; see Krouse, at p. 73, 137 Cal.Rptr. 863 , 562 P.2d 1022 . [9] ) Instead, by misstating the test of causation in its answer to such inquiry, the court raised the bar to an impossibly high level for Sandoval because very little in human affairs is absolutely certain. ( Campbell v. General Motors Corp. (1982) 32 Cal.3d 112, 120 , 184 Cal.Rptr. 891 , 649 P.2d 224 .) [10] More particularly, the court required Sandoval to elimi

2002However, the "jurors' confusion was not remedied either by the court's [answer] in response to their query or by other instructions." ( Scott, at p. 152, 32 Cal.Rptr.2d 643 ; see Krouse, at p. 73, 137 Cal.Rptr. 863 , 562 P.2d 1022 . [9] ) Instead, by misstating the test of causation in its answer to such inquiry, the court raised the bar to an impossibly high level for Sandoval because very little in human affairs is absolutely certain. ( Campbell v. General Motors Corp. (1982) 32 Cal.3d 112, 120 , 184 Cal.Rptr. 891 , 649 P.2d 224 .) [10] More particularly, the court required Sandoval to elimi

22
Hatch v. Penznergreen
calctapp · 1941 · cited in 2 California opinions naming this issue, 1952–1969
2 sentences

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

12
Nobles v. Huttongreen
calctapp · 1907 · cited in 2 California opinions naming this issue, 1952–1969
2 sentences

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

12
Pleasants v. Hansongreen
calctapp · 1920 · cited in 2 California opinions naming this issue, 1952–1969
2 sentences

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

1969(Nobles v. Hutton, supra, 7 Cal.App. 14, 20-21 [93 P. 289]; Pleasants v. Hanson, supra, 48 Cal.App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d. 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal.App. 2d 874, 879 [ 113 P.2d 295 ].)” (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal.Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) ' The trial court here also instructed on the presumption of innocence and instructed on inference of fraud.

12
Johnson v. Clarkgreen
cal · 1936 · cited in 2 California opinions naming this issue, 1952–1969
2 sentences

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

12
People v. Clairgreen
cal · 1992 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(See People v. Clair (1992) 2 Cal.4th 629, 655 [facts that merely afford an opportunity for a difference of opinion do not establish an abuse of discretion].) Finally, while defendant reported he was in a wheelchair due to deterioration of his spine and suffered diabetes and asthma, this was not raised by defense counsel’s request to strike his prior convictions nor was it raised at the hearing.

11
Krouse v. Grahamgreen
cal · 1977 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002However, the "jurors' confusion was not remedied either by the court's [answer] in response to their query or by other instructions." ( Scott, at p. 152, 32 Cal.Rptr.2d 643 ; see Krouse, at p. 73, 137 Cal.Rptr. 863 , 562 P.2d 1022 . [9] ) Instead, by misstating the test of causation in its answer to such inquiry, the court raised the bar to an impossibly high level for Sandoval because very little in human affairs is absolutely certain. ( Campbell v. General Motors Corp. (1982) 32 Cal.3d 112, 120 , 184 Cal.Rptr. 891 , 649 P.2d 224 .) [10] More particularly, the court required Sandoval to elimi

2002However, the "jurors' confusion was not remedied either by the court's [answer] in response to their query or by other instructions." ( Scott, at p. 152, 32 Cal.Rptr.2d 643 ; see Krouse, at p. 73, 137 Cal.Rptr. 863 , 562 P.2d 1022 . [9] ) Instead, by misstating the test of causation in its answer to such inquiry, the court raised the bar to an impossibly high level for Sandoval because very little in human affairs is absolutely certain. ( Campbell v. General Motors Corp. (1982) 32 Cal.3d 112, 120 , 184 Cal.Rptr. 891 , 649 P.2d 224 .) [10] More particularly, the court required Sandoval to elimi

11
Scott v. County of Los Angelesgreen
calctapp · 1994 · cited in 1 California opinions naming this issue, 2002–2002
1 sentence

2002However, the "jurors' confusion was not remedied either by the court's [answer] in response to their query or by other instructions." ( Scott, at p. 152, 32 Cal.Rptr.2d 643 ; see Krouse, at p. 73, 137 Cal.Rptr. 863 , 562 P.2d 1022 . [9] ) Instead, by misstating the test of causation in its answer to such inquiry, the court raised the bar to an impossibly high level for Sandoval because very little in human affairs is absolutely certain. ( Campbell v. General Motors Corp. (1982) 32 Cal.3d 112, 120 , 184 Cal.Rptr. 891 , 649 P.2d 224 .) [10] More particularly, the court required Sandoval to elimi

11
Solon v. Lichtensteingreen
cal · 1952 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969A presumption of fraud is sufficient to support a finding thereof. [Citation.]" In Solon v. Lichtenstein, 39 Cal.2d 75, 82 [ 244 P.2d 907 ], the court said: "Here a confidential relationship was admitted, and plaintiff presented substantial evidence to show that defendant secured an advantage which was not intended.

1969A presumption of fraud is sufficient to support a finding thereof. [Citation.]" In Solon v. Lichtenstein, 39 Cal.2d 75, 82 [ 244 P.2d 907 ], the court said: "Here a confidential relationship was admitted, and plaintiff presented substantial evidence to show that defendant secured an advantage which was not intended.

11
Trafton v. Youngbloodgreen
cal · 1968 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

11
Gudelj v. Gudeljgreen
cal · 1953 · cited in 1 California opinions naming this issue, 1955–1955
2 sentences

1955(See Gudelj v. Gudelj, 41 Cal.2d 202, 212 [ 259 P.2d 656 ]; Perkins v. West, 122 Cal.App.2d 585, 589 [ 265 P.2d 538 ].) Plaintiff contends that defendant’s refusal to work on the houses unless he received an interest in them amounted to “duress.” This contention is too absurd to require answer.

1955(See Gudelj v. Gudelj, 41 Cal.2d 202, 212 [ 259 P.2d 656 ]; Perkins v. West, 122 Cal.App.2d 585, 589 [ 265 P.2d 538 ].) Plaintiff contends that defendant’s refusal to work on the houses unless he received an interest in them amounted to “duress.” This contention is too absurd to require answer.

11
Perkins v. Westgreen
calctapp · 1954 · cited in 1 California opinions naming this issue, 1955–1955
2 sentences

1955(See Gudelj v. Gudelj, 41 Cal.2d 202, 212 [ 259 P.2d 656 ]; Perkins v. West, 122 Cal.App.2d 585, 589 [ 265 P.2d 538 ].) Plaintiff contends that defendant’s refusal to work on the houses unless he received an interest in them amounted to “duress.” This contention is too absurd to require answer.

1955(See Gudelj v. Gudelj, 41 Cal.2d 202, 212 [ 259 P.2d 656 ]; Perkins v. West, 122 Cal.App.2d 585, 589 [ 265 P.2d 538 ].) Plaintiff contends that defendant’s refusal to work on the houses unless he received an interest in them amounted to “duress.” This contention is too absurd to require answer.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Jane Perlman v. C. Russell Feldmann, Newport Steel Corporation green
ca2 · 1955
2 sentences

1969This raised a presumption of fraud and undue influence, and the burden was cast on defendant to show fairness and good faith in all respects. ( Nobles v. Hutton, supra, 7 Cal. App. 14, 20-21 [ 93 P. 289 ]; Pleasants v. Hanson, supra, 48 Cal. App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal. App.2d 874, 879 [ 113 P.2d 295 ].)" (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal. Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) The trial court here also instructed on the presumption of

1969(Nobles v. Hutton, supra, 7 Cal.App. 14, 20-21 [93 P. 289]; Pleasants v. Hanson, supra, 48 Cal.App. 626, 630-631 [ 192 P. 183 ]; Johnson v. Clark, supra, 7 Cal.2d. 529, 534 [ 61 P.2d 767 ]; Hatch v. Penzner, supra, 44 Cal.App. 2d 874, 879 [ 113 P.2d 295 ].)” (See also Trafton v. Youngblood, 69 Cal.2d 17, 27, 28 [ 69 Cal.Rptr. 568 , 442 P.2d 648 ]; Perlman v. Feldmann, supra, 219 F.2d 173 .) ' The trial court here also instructed on the presumption of innocence and instructed on inference of fraud.

11969–1969
Falk v. Falk green
calctapp · 1941
2 sentences

1955(Falk v. Falk, 48 Cal.App.2d 762 [ 120 P.2d 714 ]; see other cases collected 10 Cal.Jur.2d p. 702, § 35.) Thus, the challenged finding is amply supported, and for that reason cannot be disturbed by this court.

1955(Falk v. Falk, 48 Cal.App.2d 762 [ 120 P.2d 714 ]; see other cases collected 10 Cal.Jur.2d p. 702, § 35.) Thus, the challenged finding is amply supported, and for that reason cannot be disturbed by this court.

11955–1955
Golceff v. Sugarman green
cal · 1950
1 sentence

1952(Nobles v. Hutton, supra, 7 Cal.App. 14, 20-21 ; Pleasants v. Hanson, supra, 48 Cal.App. 626, 630-631 ; Johnson v. Clark, supra, 7 Cal.2d 529, 534 ; Hatch v. Penzner, supra, 44 Cal.App.2d 874, 879 .) Since a presumption of fraud and undue influence is sufficient to sustain a finding thereof (Campbell v. Genshlea, supra, 180 Cal. 213, 224 ), the trial court erred in granting the motion for a nonsuit. (9 Cal.Jur. 559; Golceff v. Sugarman, supra, 36 Cal.2d 152, 153 .) A factual situation somewhat similar to that presented here appears in Estate of Gaines, 15 Cal.2d 255 [ 100 P.2d 1055 ], where th

11952–1952
Andrews v. California Trust Co. green
cal · 1940
2 sentences

1952(Nobles v. Hutton, supra, 7 Cal.App. 14, 20-21 ; Pleasants v. Hanson, supra, 48 Cal.App. 626, 630-631 ; Johnson v. Clark, supra, 7 Cal.2d 529, 534 ; Hatch v. Penzner, supra, 44 Cal.App.2d 874, 879 .) Since a presumption of fraud and undue influence is sufficient to sustain a finding thereof (Campbell v. Genshlea, supra, 180 Cal. 213, 224 ), the trial court erred in granting the motion for a nonsuit. (9 Cal.Jur. 559; Golceff v. Sugarman, supra, 36 Cal.2d 152, 153 .) A factual situation somewhat similar to that presented here appears in Estate of Gaines, 15 Cal.2d 255 [ 100 P.2d 1055 ], where th

1952(Nobles v. Hutton, supra, 7 Cal.App. 14, 20-21 ; Pleasants v. Hanson, supra, 48 Cal.App. 626, 630-631 ; Johnson v. Clark, supra, 7 Cal.2d 529, 534 ; Hatch v. Penzner, supra, 44 Cal.App.2d 874, 879 .) Since a presumption of fraud and undue influence is sufficient to sustain a finding thereof (Campbell v. Genshlea, supra, 180 Cal. 213, 224 ), the trial court erred in granting the motion for a nonsuit. (9 Cal.Jur. 559; Golceff v. Sugarman, supra, 36 Cal.2d 152, 153 .) A factual situation somewhat similar to that presented here appears in Estate of Gaines, 15 Cal.2d 255 [ 100 P.2d 1055 ], where th

11952–1952
Campbell v. Genshlea green
cal · 1919
1 sentence

1952(Nobles v. Hutton, supra, 7 Cal.App. 14, 20-21 ; Pleasants v. Hanson, supra, 48 Cal.App. 626, 630-631 ; Johnson v. Clark, supra, 7 Cal.2d 529, 534 ; Hatch v. Penzner, supra, 44 Cal.App.2d 874, 879 .) Since a presumption of fraud and undue influence is sufficient to sustain a finding thereof (Campbell v. Genshlea, supra, 180 Cal. 213, 224 ), the trial court erred in granting the motion for a nonsuit. (9 Cal.Jur. 559; Golceff v. Sugarman, supra, 36 Cal.2d 152, 153 .) A factual situation somewhat similar to that presented here appears in Estate of Gaines, 15 Cal.2d 255 [ 100 P.2d 1055 ], where th

11952–1952

Where else courts name it

TX 194 (1928–2026) CA 7 (1952–2025) NY 7 (1899–2009) GA 6 (1941–1997) WA 6 (1910–1997) KY 6 (1925–2026) LA 4 (1946–2018) MS 3 (1993–2024) IL 3 (1884–1986) ID 3 (1943–1980) NC 3 (1910–2005) WY 3 (1928–2021) OH 3 (2005–2020) AZ 2 (1932–2003) MI 2 (2022–2022) PA 2 (1915–1999) CO 2 (2024–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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