Foundations: How California Courts Built Tracing Doctrine From Scratch

Foundations: How California Courts Built Tracing Doctrine From Scratch.

California’s tracing doctrine did not emerge fully formed. It evolved through decades of trial courts grappling with commingled accounts and appellate courts developing workable rules from first principles. This volume examines the development of tracing doctrine in California family law across the first three foundational eras. Those eras include Early Foundations (1900–1959), The Modern Era Begins (1960–1969), and Consolidation and Presumptions (1970–1979)..

This volume chronicles that evolution through 19 watershed cases spanning eight decades. It traces the emergence of direct tracing in Estate of Cudworth, the family expense methodology in See v. See, and the burden-shifting framework articulated in Beam v. Bank of America. These decisions are not historical artifacts but the source of modern tracing arguments. Understanding their origins transforms memorized rules into deliberate and strategic advocacy.