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.)
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