Does the fiduciary have the burden of proving that he or she breached his or her duty of providing a timely and timely notice of an action?
California, United States of America
The following excerpt is from Daus v. Howser, C082786 (Cal. App. 2018):
25, 35 (Oates); Van de Kamp v. Bank of America (1988) 204 Cal.App.3d 819, 853.) This rule is especially apt when the fiduciary has the best access to the data relevant to the dispute. (See In re Marriage of Prentis-Margulis & Margulis (2011) 198 Cal.App.4th 1252, 1267-1268.) And we must keep in mind that Howser--as the movant on summary judgment--bore the burden to disprove any breach of fiduciary duty.
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