What is the burden of proving that respondents were not innocent purchasers for value?

California, United States of America


The following excerpt is from Firato v. Tuttle, 308 P.2d 333, 48 Cal.2d 136 (Cal. 1957):

Plaintiffs nowhere allege that respondents were not innocent purchasers for value or that respondents took their title with notice or knowledge of the unauthorized act of the original trustee. Since respondents are shown by the pleadings to hold legal title, the burden is on plaintiffs to plead and prove that respondents were not innocent purchasers for value if such fact would be determinative of the respective rights of the parties. Kowalsky v. Kimberlin, 173 Cal. 506, 510, 160 P. 673;

Page 335

Other Questions


Does the word "innocence" or "innocent" constitute the burden of establishing a defendant's innocence? (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 plaintiffs had the burden to prove allocation of the premiums? (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)
What is the test for determining whether a defendant is liable for the difference between the amount purchased by a purchaser and the amount paid by the purchaser? (California, United States of America)
What is the burden of proving a defendant's innocence in a criminal case? (California, United States of America)
Can a prosecutor argue that a defendant has a duty or burden to produce evidence to prove their innocence? (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)
Is it improper for a prosecutor to suggest that a defendant has a duty or burden to produce evidence to prove their innocence? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.