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


The following excerpt is from People v. Cardenas, H034519 (Cal. App. 2011):

place of evidence. [Citation.]'].)" (People v. Collins (2003) 111 Cal.App.4th 726, 734.) Where there is a factual and rational basis for an amount of restitution to be ordered by the court (cf. People v. Carbajal (1995) 10 Cal.4th 1114, 1125), we cannot say that it is fundamentally unfair to place a burden of producing countervailing evidence, which would cast doubt on a victim's valuation or veracity with regard to economic losses claimed to have been suffered as a result of a defendant's criminal conduct, on the defendant. (See Evid. Code, 550 [party with burden of producing evidence]; see Evid. Code, 110 [defining "burden of producing evidence"].)

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