What is the burden of proving a victim's claim of economic losses against a defendant?
California, United States of America
The following excerpt is from People v. David C. (In re David C.), A148082 (Cal. App. 2017):
As noted ante, "[o]nce the victim makes a prima facie showing of economic losses incurred as a result of the defendant's criminal acts, the burden shifts to the defendant to disprove the amount of losses claimed by the victim." (People v. Gemelli, supra, 161 Cal.App.4th at p. 1543.) Several courts have found that a victim's mere statement of
Page 20
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of proving an individual's claim of economic losses against a defendant? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Can a victim be ordered to pay restitution to the victim of a crime where the victim suffered indirect economic loss? (California, United States of America)
Can Respondents to a claim for future economic loss in a personal injury or wrongful death case seek damages for "future economic loss"? (California, United States of America)
What is the burden of proving an individual's claim of economic losses incurred as a result of criminal activity? (California, United States of America)
Can a defendant claiming self-defense to an assaultive crime present evidence of a victim's violent nature to show the victim was the aggressor? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
What is the test for a claim of misconduct in a criminal case brought by a defendant that the prosecution made comments that reduced the burden of proving reasonable doubt with common sense? (California, United States of America)
