What is the effect of Evidence Code section 664 of the California Evidence Code on the burden of proof in a personal injury case?
California, United States of America
The following excerpt is from People v. Guzman, A129130 (Cal. App. 2011):
557, 564.) Also, Evidence Code section 664 provides that a trial court is presumed to have been aware of and followed the applicable law. (See People v. Sullivan (2007) 151 Cal.App.4th 524, 549.) The effect of the rebuttable presumption created by Evidence Code section 664 is " ' "to impose upon the party against whom it operates the burden of proof as to the nonexistence of the presumed fact." ' " (Id. at pp. 549-550.)
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