Does a Respondent have an evidentiary burden to prove that a Defendant has met their initial burden?

California, United States of America


The following excerpt is from Palma v. Hall, F054559 (Cal. App. 10/20/2008), F054559 (Cal. App. 2008):

"A responding plaintiff has no evidentiary burden unless the moving defendant has first met its initial burden. [Citation.]" (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840, italics added.) A moving defendant is not entitled to summary judgment if the undisputed material facts set out in the separate statement are not dispositive of all the claims included in the complaint. (Pultz v. Holgerson (1986) 184 Cal.App.3d 1110, 1117.)

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