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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

section 1942

Citation
section 1942 3.
Parent Document
Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Jurisdiction
California (state)
Effective Date
1985-12-13

Other Sections in This Document (148)

Full Text

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3. As we have seen, in 1979 the Legislature considered including a re-buttable presumption in Civil Code section 1942.5, but then specifically abandoned the idea. We cannot now insert in the statute a presumption expressly rejected by the Legislature. “To do so would not be interpreting the legislative intent but would be a gross example of judicial legislation in contravention of the legislative intent logically implied from the rejection by the Legislature of an identical provision.” (People v. Brannon (1973) 32 Cal.App.3d 971, 977 [108 Cal.Rptr. 620].)