Does a plaintiff have a duty to provide sufficient evidence to prove that a guarantee is not a guarantee?
California, United States of America
The following excerpt is from Shahbazi v. Kabir, G051863 (Cal. App. 2017):
pleaded facts, a plaintiff has no responsibility to provide the court with sufficient evidence to prove them - they are treated as true for purposes of obtaining a default judgment." (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 281.) Upholding the default against Kabir in the prior appeal removed the issue of his liability on the guarantee from further review.
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