What is the burden of proving a cause of action?
California, United States of America
The following excerpt is from Castillo v. Glenair, Inc., 23 Cal.App.5th 262, 232 Cal.Rptr.3d 844 (Cal. App. 2018):
party has shown that one or more elements of the cause of action cannot be established [or that there is a complete defense to that cause of action]. ... Once the defendant's burden is met, the burden shifts to the plaintiff to show that a triable issue of fact exists as to that cause of action. " ' " ( Villacres v. ABM Industries, Inc. (2010) 189 Cal.App.4th 562, 575, 117 Cal.Rptr.3d 398 ( Villacres ).)
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