What is the burden of a plaintiff to prove that a breach of their bailment contract is negligent?
California, United States of America
The following excerpt is from Needelman v. Dewolf Realty Co., 191 Cal.Rptr.3d 673, 239 Cal.App.4th 750 (Cal. App. 2015):
It is the plaintiff's burden to show the reviewing court how the complaint can be amended to state a cause of action. (Michaelian v. State Comp. Ins. Fund (1996) 50 Cal.App.4th 1093, 1105, 58 Cal.Rptr.2d 133.) Needelman has not provided any explanation for how the foregoing paragraph satisfies the requirements for a bailment contract or what allegations demonstrate a breach or negligent breach of that contract.6
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