What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue?
California, United States of America
The following excerpt is from Investors Equity Life Holding Co. v. Schmidt, G042806, Super. Ct. No. 30-2009-00119128 (Cal. App. 2011):
"defendant, as the moving party, bears the burden of proof" to show the proposed alternative forum satisfies these requirements. (Stangvik v. Shiley, Inc., supra, 54 Cal.3d at p. 751.)
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