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California Health and Safety Code Section 11712

Legal Research Home > California Laws > Health and Safety Code > California Health and Safety Code Section 11712

11712.  (a) Proof of liability in an action brought under this
division shall be shown by clear and convincing evidence. Except as
otherwise provided in this division, other elements of the cause of
action shall be shown by a preponderance of the evidence.
   (b) (1) A person against whom recovery is sought who has a
criminal conviction pursuant to state laws prohibiting the illegal
sale of controlled substances or the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (Public Law 91-513, 84 Stats.
1236, codified at 21 U.S.C. Sec. 801 et seq.), is estopped from
denying participation in the illegal market for controlled
substances. Except as provided in paragraph (2), this subdivision
does not affect the plaintiff's burden of proving subparagraphs (A),
(B), and (C) of paragraph (2) of subdivision (b) of Section 11705.
   (2) Such a conviction is also prima facie evidence of the person's
participation in the marketing of a specified illegal controlled
substance used by the individual user where that conviction was based
upon the person's marketing of that same type of illegal controlled
substance.
   (c) The absence of a criminal conviction of a person pursuant to
subdivision (b) against whom recovery is sought does not bar an
action against that person in an action pursuant to paragraph (1) of
subdivision (b) of Section 11705, or Section 11706..

Last modified: February 22, 2013