What is the burden of proving material fact against a defendant?
California, United States of America
The following excerpt is from Monti v. Montebello Unified Sch. Dist., B296224 (Cal. App. 2020):
Once the defendant meets this burden, the burden shifts to the plaintiff to show that a triable issue of fact exists as to that cause of action or defense. If the plaintiff is unable to show the existence of a triable issue of material fact, summary judgment in
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favor of the defendant is proper. (Union Bank v. Superior Court, supra, 31 Cal.App.4th at p. 590.)
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