What is the burden of proving a cause of action has no merit?

California, United States of America


The following excerpt is from G.I. McDougal, Inc. v. Mail Boxes Etc., B196029 (Cal. App. 5/23/2008), B196029. (Cal. App. 2008):

A defendant moving for summary judgment bears the burden of showing that a cause of action has no merit because plaintiff cannot establish an element of the claim or because defendant has a complete defense. The burden then shifts to the plaintiff opposing the summary judgment motion to establish that a triable issue of fact exists as to these issues. (Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763, 768.)

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