Can plaintiff sustain his burden of proving the facts at trial?

California, United States of America


The following excerpt is from Jablonski v. Royal Globe Ins. Co., 204 Cal.App.3d 379, 251 Cal.Rptr. 160 (Cal. App. 1988):

Whether plaintiff can sustain his burden of proving these facts at trial is a bridge yet to be crossed. But for our purposes, because this appeal arises after the sustaining of a demurrer without leave to amend, we must "assume the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn therefrom." (Coleman v. Gulf Ins. Group (1986) 41 Cal.3d 782, 789, fn. 3, 226 Cal.Rptr. 90, 718 P.2d 77.)

[204 Cal.App.3d 384]

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