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
The following excerpt is from People v. Fredieu, E064195 (Cal. App. 2016):
As explained in Sherow, a party ordinarily has the burden of proving each fact, the existence or nonexistence of which is essential to the claim for relief or defense the party is asserting. (People v. Sherow, supra, 239 Cal.App.4th at p. 879.) This rule is based on
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Evidence Code section 500,3 which "places the burden of proof in any contested matter on the party who seeks relief. . . . 'That is, if you want the court to do something, you have to present evidence sufficient to overcome the state of affairs that would exist if the court did nothing.' [Citation.]" (Vance v. Bizek (2014) 228 Cal.App.4th 1155, 1163, fn. omitted.)
C. Insufficient Evidence Was Presented to Support Granting the Petition
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