Legal Opinion
Weiner v. Fleischman
California Supreme Court
Decided October 7, 1991No. S017856PublishedCited by 62 opinions
1Opinion of the Court
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, represented a group of Pioneer Theatres (Pioneer) shareholders who wished to sell their stock. Weiner also owned 100 shares of Pioneer stock. In December 1979, Weiner informed William O.…
2Cases cited56 opinions
- People v. WatsonCalifornia Supreme Court · 1956
- Addington v. TexasSupreme Court of the United States · 1979
- Herman & MacLean v. HuddlestonSupreme Court of the United States · 1983
- People v. JimenezCalifornia Supreme Court · 1978
- Liodas v. SahadiCalifornia Supreme Court · 1977
51 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Buss v. Superior CourtCalifornia Supreme Court · 1997
- Conservatorship of WendlandCalifornia Supreme Court · 2001
- Mock v. Michigan Millers Mutual InsuranceCalifornia Court of Appeal · 1992
- DRG/Beverly Hills, Ltd. v. Chopstix Dim Sum Cafe and Takeout III, Ltd.California Court of Appeal · 1994
- Chambers v. KayCalifornia Supreme Court · 2002
57 more not listed; retrieve them via the Exa API.