What is the burden of proving material fact in a motion?
California, United States of America
The following excerpt is from Pieper v. Commercial Underwriters Ins. Co., 59 Cal.App.4th 1008, 69 Cal.Rptr.2d 551 (Cal. App. 1997):
"The moving defendant bears the burden of proving the absence of any triable issue of material fact, even though the burden of proof as to a particular issue may be on the plaintiff at trial. (Los Angeles County-U.S.C. Medical Center v. Superior Court (1984) 155 Cal.App.3d 454, 459, 202 Cal.Rptr. 222 [ ].) ... Once the moving party has met its burden, the opposing party bears the burden of presenting evidence that there is a triable issue of fact as to any essential element of a cause of action. (Hunter v. Pacific Mechanical Corp. (1995) 37 Cal.App.4th 1282, 1286, 44 Cal.Rptr.2d 335[ ].)
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