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IN RE MARRIAGE OF HAINES

Docket No. D016555.

33 Cal.App.4th 277 (1995)

39 Cal. Rptr.2d 673

In re the Marriage of JUDY and CLARENCE HAINES. JUDY A. HAINES, Appellant, v. CLARENCE HAINES, Respondent.

Court of Appeals of California, Fourth District, Division One.

March 21, 1995.

Attorney(s) appearing for the Case

COUNSEL

Sharron Voorhees for Appellant.

Kim W. Cheatum as Amicus Curiae on behalf of Appellant.

Stephen E. Hartwell for Respondent.

OPINION

HALLER, J.

This case presents the issue of whether Evidence Code1 section 662, the common law presumption in favor of title, and its concomitant requirement of clear and convincing evidence to rebut the presumption, properly apply in family law proceedings when there is a conflict with the presumption that a husband and wife occupy a confidential relationship in their transactions with each other...

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