What is the burden of proof against defendant in a motion for personal injury?
California, United States of America
The following excerpt is from People v. Tye, G053403 (Cal. App. 2018):
Moreover, as the party seeking relief under the Petition, defendant had "the burden of proof as to each fact the existence or nonexistence of which [was] essential to the claim for relief or defense that he [was] asserting." (Evid. Code, 500; cf. People v. Sherow (2015) 239 Cal.App.4th 875, 879; Vance v. Bizek (2014) 228 Cal.App.4th 1155, 1163, fn. 3.) But he introduced no evidence at the hearing.
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