What is the burden of proving a probability of prevailing on a cause of action?
California, United States of America
The following excerpt is from Fitch v. Republican Party of the United States, G049741 (Cal. App. 2015):
Plaintiff did not meet his burden of demonstrating a probability of prevailing on his causes of action. To establish a probability of prevailing, the plaintiff must demonstrate the complaint is legally sufficient and is supported by a prima facie showing of facts sufficient to sustain a favorable judgment if the evidence submitted by the plaintiff is credited. (Cabrera v. Alam, supra, 197 Cal.App.4th at pp. 1086, 1092.)
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