What is the burden of proving a settlement offset?
California, United States of America
The following excerpt is from Lewis v. RDM Mgmt., B280728, B287407 (Cal. App. 2020):
settlement offset has "'"the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting"'"]; Conrad v. Ball Corp. (1994) 24 Cal.App.4th 439, 444 (Conrad) ["A defendant seeking an offset against a money judgment has the burden of proving the offset."].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What is the burden of proving that a party has met the moving party's burden? (California, United States of America)
What is the legal test for proving a defendant has met their burden of proving that a cause of action has no merit? (California, United States of America)
Does a Respondent have an evidentiary burden to prove that a Defendant has met their initial burden? (California, United States of America)
What is the burden of proving that a settlement was made in good faith? (California, United States of America)
What is the burden of proving that a tenant met his burden of demonstrating that he met his probability of prevailing on a claim under section 425.16? (California, United States of America)
What is the burden of proving an offset against a money judgment? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
In what circumstances will the court shift the burden of proving prejudice and proving laches to the state? (California, United States of America)
In what circumstances will a jury be instructed on the burden of proving imperfect self-defense? (California, United States of America)
