So you think you understand legal presumptions? Well, do you know the difference between a presumption that affects the burden of production, and one the affects the burden of proof?
If not, do not feel too bad. The trial judge in Felix v. People of California (D5 Jun. 8, 2021) no. F080255 (non-pub.) didn't understand the difference, either.
A defendant moved to set aside a default judgment, submitting a declaration stating he never received the summons and complaint. The trial court held this did not overcome the legal presumption of receipt.
Reversed: That presumption, affecting only the burden of production, disappeared when the defendant submitted his declaration.
Presumptions affecting "the burden of producing evidence" are different from those affecting the "burden of proof." The former just tells you who has to get the ball rolling in terms of putting on evidence, but does not otherwise express any public policy about how the fact question should come out.