What is the burden of proving the rule of judicial deference?

California, United States of America


The following excerpt is from Affan v. Portofino Cove Homeowners Ass'n, 10 Cal. Daily Op. Serv. 13, 862, 117 Cal.Rptr.3d 481, 189 Cal.App.4th 930 (Cal. App. 2011):

Turning to whether the trial court properly applied the rule of judicial deference in the case before us, we begin by noting the judicial deference rule is an affirmative defense. ( Ekstrom, supra, 168 Cal.App.4th at pp. 1122-1123, 86 Cal.Rptr.3d 145 ["Just as the corporate business judgment rule" is a defense, "so to[o] is the rule of judicial deference to decisions of homeowner association boards articulated in Lamden "].) Thus, the defendant has the burden of establishing *941 the requisite elements for applying the rule. ( Seltzer v. Barnes (2010) 182 Cal.App.4th 953, 969, 106 Cal.Rptr.3d 290 [defendant bears burden of proof on affirmative defense].) 7

Other Questions


What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (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)
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 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 a party has met the moving party's burden? (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)
In what circumstances will the court shift the burden of proving prejudice and proving laches to the state? (California, United States of America)
In what circumstances will a jury be instructed on the burden of proving imperfect self-defense? (California, United States of America)
What is the burden of proving a search warrant was obtained without a warrant? (California, United States of America)
What is the burden of proving delay and disruption to sentencing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.