What is the burden of proof required for a crime-fraud exception?
California, United States of America
The following excerpt is from Act Litig. Servs., Inc. v. Greenberg Traurig LLP, B232811 (Cal. App. 2012):
obtained to enable or aid anyone to commit or plan to commit a crime or a fraud." The proponent of the crime-fraud exception bears the burden of proof of the existence of crime or fraud. (Geilim v. Superior Court (1991) 234 Cal.App.3d 166, 174.)
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