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WEINER v. FLEISCHMAN

Docket No. S017856.

54 Cal.3d 476 (1991)

816 P.2d 892

286 Cal. Rptr. 40

BERYL WEINER, Plaintiff and Appellant, v. WILLIAM O. FLEISCHMAN et al., Defendants and Respondents.

Supreme Court of California.

October 7, 1991.

Attorney(s) appearing for the Case

COUNSEL

Kirsch & Mitchell, Jonathan L. Kirsch, Dennis Mitchell, Selvin, Weiner & Ruben, W. Ruel Walker and Arthur E. Schwimmer for Plaintiff and Appellant.

Garfield, Tepper, Ashworth & Epstein, Scott J. Tepper, Christopher Ashworth, Franklin R. Garfield, Hufstedler, Kaus & Ettinger and Otto M. Kaus for Defendants and Respondents.

Crosby, Heafey, Roach & May, Peter W. Davis, James C. Martin, Kathy M. Banke, White & Case, Paul J. Bschorr, Thomas McGanney, Richard B. Sypher and Terry L. Croghan as Amici Curiae on behalf of Defendants and Respondents.

OPINION

PANELLI, J.

The issue presented is whether the existence of an oral joint venture or partnership agreement must be established by clear and convincing evidence or by a preponderance of the evidence. We conclude that the correct standard of proof is preponderance of the evidence.

FACTS

The underlying dispute in this case centers on the sale of stock in Pioneer Theatres. Beryl Weiner (Weiner), an attorney,...

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