What is the burden of demonstrating unfairness against a defendant in a civil case?

"Defendant bears the burden of showing unfairness as a demonstrative reality, not just speculation." (People v. DeSantis (1992) 2 Cal.4th 1198, 1222.)

"'If, and only if, the answer to the first question is yes and the answer to the second is no, is the identification constitutionally unreliable.' [Citation.] In other words, '[i]f we find that a challenged procedure is not impermissibly suggestive, our inquiry into the due process claim ends.' [Citation.]" (People v. Ochoa (1998) 19 Cal.4th 353, 412.)