Cal. Evid. Code § 600(a). Rebuttable presumptions affect either the burden of producing evidence or the burden of proof. Cal. Evid. Code § 601. Arguably,Section 1002 establishes a rebuttable presumption affecting the burden of proof because it facilitates a public policy with respect to the stability of titles. Cal. Evid. Code §§ 604 & 605. If that is the case, then the effect of Section 1002 is to impose the party challenging a conveyance or transfer the burden of establishing the nonexistence of the facts in the secretarial certificate.

If there is a hidden meaning of Fahlen, its potential restriction of evidence of the physician's conduct that led to the medical discipline could be a large unexpected boost to the whistleblower case, since that creates a possibility that the jury might not even hear about the problems the hospital saw in the plaintiff's performance.Meaning of the Presumption of Retaliatory Motive The presumption of retaliatory motive is an odd one, seemingly illogical. There are two kinds of rebuttable evidentiary presumptions in California: Under Cal. Evid. Code § 601, a ‘‘rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof.'' The former kind is defined in Cal.