An obligation possessed by the creditor is presumed not to have been paid.
Cal. Evid. Code § 635
Presumptions Affecting the Burden of Producing Evidence
Applied in 3 court decisions — leading case 15 Cal. App. 4th 1290 - White v. Moriarty (1993)
Most recently applied in 15 Cal. App. 4th 1290 - White v. Moriarty (May 1993)
Enacted by Stats. 1965, Ch. 299.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.