What is the burden of proof for a moving party?
The following excerpt is from Jimena v. Ubs AG Bank, Inc., 1:07-cv-00367 OWW SKO (E.D. Cal. 2011):
If the moving party would bear the burden of proof on an issue at trial, it must "affirmatively demonstrate that no reasonable trier of fact could find other than for the moving party." Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir. 2007). In contrast, if the non-moving party bears the burden of proof on an issue, the moving party can prevail by "merely pointing out that there is an absence of evidence" to support the non-moving party's case. Id.
When the moving party meets its burden, the "adverse party
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