What factors are considered in determining the burden of proof?
California, United States of America
The following excerpt is from Ochoa v. Setton Pistachio of Terra Bella, Inc., F073844 (Cal. App. 2019):
the courts consider a number of factors[, including] . . . the availability of the evidence to the parties . . . .' [Citation.]" (Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644, 660-661.) Here, as demonstrated by plaintiffs' opposition, evidence was available, obtained, and presented. There was no need to alter the normal allocation of the burden of proof.
iv. Plaintiffs' claim of discovery error
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for meeting the burden of showing that there is a reasonable probability of a zoning change and that it was reasonable and proper for an appraiser to consider this factor in determining the value of the subject property? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
What is the test for determining whether a defendant's financial condition is to be considered a factor in determining punitive damages? (California, United States of America)
Is there any case law where the Court considered the "great violence factor" as a factor in determining the appropriate sentence? (California, United States of America)
What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages? (California, United States of America)
Can the jury consider the importance of the age factor in determining whether or not the evidence should be considered "triple count" or "double count"? (California, United States of America)
Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty? (California, United States of America)
Does section 8.85 of the California Criminal Code, which instructed the jury to consider whether or not certain mitigating factors were present, unconstitutionally suggest that the absence of such factors amounted to aggravation? (California, United States of America)
What factors are considered mitigating factors in a conviction for residential burglary? (California, United States of America)
