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

California, United States of America


The following excerpt is from People v. Mazumder, 246 Cal.Rptr.3d 450, 34 Cal.App.5th 732 (Cal. App. 2019):

believe that the arrestee committed the offense for which the arrest was made . If the court finds that this showing of no reasonable cause has been made by the petitioner, then the burden of proof shall shift to the respondent to show that a reasonable cause exists to believe that the petitioner committed the offense for which the arrest was made. " ( People v. Esmaili (2013) 213 Cal.App.4th 1449, 1458, 153 Cal.Rptr.3d 625, quoting, 851.8, subd. (b).)

Notes:

1 All further undesignated statutory references will be to the Penal Code.

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