What is the burden of proving a surety's claim for relief from forfeiture?

California, United States of America


The following excerpt is from People v. Cont'l Heritage Ins. Co., B298148 (Cal. App. 2020):

The surety shoulders the burden of proving facts that entitle it to relief from forfeiture. (County of Los Angeles v. Nobel Ins. Co. (2000) 84 Cal.App.4th 939, 944-945; People v. Western Ins. Co. (2013) 213 Cal.App.4th 316, 321.)

3. Analysis

Other Questions


What is the burden of proving each fact, the existence or nonexistence of which is essential to the claim for relief or defense? (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 that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
When will a prosecutor be found to have made a claim of misconduct when they argued "the burden of proving every element of the crimes charged beyond a reasonable doubt"? (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)
What is the burden of proving an individual's claim of economic losses against a defendant? (California, United States of America)
What is the burden on a plaintiff to prove that each claim is legally sufficient and factually substantiated? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is there an abuse of the burden of showing in a trial court's failure to apportion attorney fees and costs between a declaratory relief claim and tort? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.