What is the burden on a plaintiff to prove that they have been sexually abused by the Defendant?

If the defendant satisfies the first prong, the burden shifts to the plaintiff to establish the claim's merit by demonstrating "there is a probability that the plaintiff will prevail on the claim." ( 425.16, subd. (b)(1).) The plaintiff must demonstrate each cause of action is both legally sufficient and supported by a prima facie showing of facts sufficient to support a favorable judgment if the plaintiff's evidence is credited. (Navellier v. Sletten (2002) 29 Cal.4th 82, 93.) "[T]his second step [i]s a "summary-judgment-like procedure." [Citation.] The court does not weigh evidence or resolve conflicting factual claims. Its inquiry is limited to whether the plaintiff has stated a legally sufficient claim and made a prima facie factual showing sufficient to sustain a favorable judgment. It accepts the plaintiff's evidence as true, and evaluates the defendant's showing only to determine if it defeats the plaintiff's claim as a matter of law. [Citation.] "[C]laims with the requisite minimal merit may proceed."' [Citation.]" (Sweetwater, supra, 6 Cal.5th at p. 940.)

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