Does a plaintiff have to prove that she and the victim were engaged to be married?

California, United States of America


The following excerpt is from Garcia v. Superior Court (Ro-Tech Industries, Inc.), 169 Cal.App.3d 397, 215 Cal.Rptr. 189 (Cal. App. 1985):

Here petitioner has alleged that she and the victim "were engaged to be married, held themselves out to be married and were engaged in an actual and permanent family relationship." She and the victim were the natural parents of a daughter who was five months at the time of the accident. However, petitioner failed to allege the duration of her relationship with the victim or to indicate whether it had been continuous and exclusive during that period of time. Furthermore, although petitioner alleged that she and the victim had "pool[ed] resources and share[d] expenses," petitioner alleged no specific facts, such as the existence of joint economic burdens, common ownership of property, joint tax returns, joint savings or checking accounts, which might indicate a committed and enduring relationship. (See Butcher v. Superior Court, supra, 139 Cal.App.3d at p. 70, 188 Cal.Rptr. 503.)

Other Questions


What is the burden of proving that a plaintiff is a plaintiff in an anti-SLAPP action? (California, United States of America)
What is the scope of an allegation of sexual assault brought by a victim's abuser against the victim's family members and/or potential victims? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
Can a victim be ordered to pay restitution to the victim of a crime where the victim suffered indirect economic loss? (California, United States of America)
What is the burden on a plaintiff to prove that the findings of a professional review board are not supported by the evidence? (California, United States of America)
Does the Ohio Department of Justice have been found to have engaged in a "deliberate indifference" to the human rights of a plaintiff? (California, United States of America)
What is the burden on a plaintiff to prove that each claim is legally sufficient and factually substantiated? (California, United States of America)
What is the test for a plaintiff to prove a duty of care in a tort action? (California, United States of America)
Is the unclothed body of a murder victim insufficient to prove that a rape or attempted rape occurred? (California, United States of America)
Is a police dispatch report that was sent to the victim by the victim's mother as evidence for the purposes of her defence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.