In a personal injury action, how have courts dealt with the burden of proving that defendant failed to show plaintiff that she paid for the mortgage during the mortgage period?

California, United States of America


The following excerpt is from Meyer v. Jeffries, E070773 (Cal. App. 2019):

5. While plaintiff suggests in his opening brief that defendant failed to show she paid for the mortgage during this period, this argument again ignores the fact that plaintiff bears the burden of proof and "[i]f there is no evidence on an issue the finding must be against the party who has the burden of proof." (Walbergh v. Moudy (1958) 164 Cal.App.2d 786, 790.)

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