What is the initial burden of proving material fact?

California, United States of America


The following excerpt is from DANIEL v. TESORO Ref., B218935, No. BC383531 (Cal. App. 2011):

In order to meet this initial burden, "the defendant must present evidence that would preclude a reasonable trier of fact from finding that it was more likely than not that the material fact was true [citation], or the defendant must establish that an element of the claim cannot be established, by presenting evidence that the plaintiff 'does not possess and cannot reasonably obtain, needed evidence.' [Citation.]" (Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990, 1003.)

Other Questions


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 material fact against a defendant? (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)
What is the burden of proving material fact in a motion? (California, United States of America)
What is the burden of proving an initial showing of vindictiveness? (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 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 initial burden of proving that a defendant breached the statute of limitations in a motion of demurrer? (California, United States of America)
What is the burden of proving a preliminary fact against a minor? (California, United States of America)
When a custody dispute arises after a initial award of custody has been made, does a parent who wishes to relocate with the child have a greater burden of proving parental relocation is necessary? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.