What is the test for a motion to dismiss a motion where the opposing party failed to establish that one or more elements of the cause of action cannot be established?
California, United States of America
The following excerpt is from Gilbert v. Roberts, 2d Civil No. B245346 (Cal. App. 2013):
The moving party has the initial burden of showing that one or more elements of a cause of action cannot be established. (Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763, 768.) Where the moving party has carried that burden, the burden shifts to the opposing party to show a triable issue of material fact. (Ibid.) Our review of the trial court's grant of the motion is de novo. (Id. at p. 767.)
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