California, United States of America
The following excerpt is from Castro v. Superior Court, 115 Cal.Rptr. 312, 40 Cal.App.3d 614 (Cal. App. 1974):
10 Fairness and policy sometimes dictate that the burden of alleging certain facts and the burden of proving them be allocated to different parties. (Morris v. Williams, 67 Cal.2d 733, 760, 63 Cal.Rptr. 689, 433 P.2d 697.) This is such a case.
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