What is the burden on a plaintiff to prove that they have been misrepresented?

California, United States of America


The following excerpt is from McClain v. Octagon Plaza, LLC, 159 Cal.App.4th 784, 71 Cal.Rptr.3d 885 (Cal. App. 2008):

Under the second standard of review, the burden falls upon the plaintiff to show what facts he or she could plead to cure the existing defects in the complaint. (Cantu v. Resolution Trust Corp., supra, 4 Cal.App.4th at p. 890, 6 Cal.Rptr.2d 151.) "To meet this burden, a plaintiff must submit a proposed amended complaint or, on appeal, enumerate the facts and demonstrate how those facts establish a cause of action." (Ibid.)

2. Misrepresentation

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