What is the burden of proof against strike action in a merger case?
California, United States of America
The following excerpt is from Strike v. Trans-West Discount Corp., 155 Cal.Rptr. 132, 92 Cal.App.3d 735 (Cal. App. 1979):
The law is clear that merger is a question of intent of the person in whom the interests are united. This is a fact question. Strikes have failed to carry the burden of proof on this factual issue. As was said in Ito v. Schiller, 213 Cal. 632, 635, 3 P.2d 1, 2:
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