What is the burden of persuasion and what is the test for persuasion?

California, United States of America


The following excerpt is from Carrillo-Torres v. Bergen, A144704 (Cal. App. 2018):

initial burden of persuasion on this issue and the burden then shifted to Torres "to establish, by means of competent and admissible evidence, that a triable issue of material fact still remain[ed]. [Citation.]" (Brown v. Ransweiler (2009) 171 Cal.App.4th 516, 525.) Torres does not contend he met this burden.

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