What is the burden of pleading and proving in a personal injury action?
California, United States of America
The following excerpt is from Lines v. Marin Municipal Water Dist., 228 Cal.App.2d 155, 39 Cal.Rptr. 294 (Cal. App. 1964):
But the burden is upon the party in default to plead and prove facts entitling him to such relief (Baffa v. [228 Cal.App.2d 158] Johnson, 35 Cal.2d 36, 38, 216 P.2d 13; Kelley v. Olympic Pharmacy, 144 Cal.App.2d 43, 54, 300 P.2d 858).
"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
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)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
In a personal injury action, how have courts dealt with the burden of proving that defendant failed to show plaintiff that she paid for the mortgage during the mortgage period? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
How have the courts dealt with a motion for personal injury in a personal injury case? (California, United States of America)
Does a declaratory relief action have to be tried before the trial of a personal injury action? (California, United States of America)
What is the burden of producing evidence in a personal injury action against a defendant who has admitted criminal charges against him? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
How much damages can a plaintiff plead in a personal injury action? (California, United States of America)
