What is the burden of proof for a petition pursuant to section 1170.18 of the California Civil Code?
California, United States of America
The following excerpt is from People v. Bell, D068256 (Cal. App. 2015):
In People v. Sherow (2015) 239 Cal.App.4th 875 (Sherow), this court addressed the appropriate allocation of burdens for section 1170.18 petitions. We said: "As an ordinary proposition: 'A party has the burden of proof as to each fact, the existence or nonexistence of which is essential to the claim for relief or defense he is asserting.' " (Sherow, supra, at p. 879; Vance v. Bizek (2014) 228 Cal.App.4th 1155, 1163, fn. 3; Evid. Code, 500.)
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