Ca. Litig. Rev. 2020

Evidence – Appellate Court Standards of Proof

By Justice Michael J. Raphael

A legal doctrine, like a human being, can have a lifespan. One of them was laid to rest in 2020, yet we need not mourn.

I will call this California doctrine the vanishing standard of proof. Born in 1917 and reaching maturity in 1943, the doctrine was dealt a blow by the state Supreme Court in May in In re White.1 The Court then euthanized it in July in Conservatorship of O.B.2 Consider this the doctrine’s obituary.

What the Doctrine Was

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