What is the burden of establishing a cause of action against a defendant?
California, United States of America
The following excerpt is from Russo v. Sanofi-Aventis, U.S., B246717 (Cal. App. 2014):
of action cannot be established or that there is a complete defense to that cause of action. [Citation.] Once the defendant has made such a showing, the burden shifts back to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. [Citation.]" (Moser v. Ratinoff (2003) 105 Cal.App.4th 1211, 1216-1217.)
"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 burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the test for establishing a cause of action against defendant? (California, United States of America)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)
What is the burden of proving that a defendant directly caused or directly caused an assault on a minor? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)
