What is the burden of proving an element of res judicata in an unlawful detainer action?
California, United States of America
The following excerpt is from Von Beltz v. Bentley Homes, LLC, B252408 (Cal. App. 2014):
The burden of proving each element of res judicata falls to the party seeking to assert it. (Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 529.) A judgment in an unlawful detainer action generally has limited res judicata effect because of the summary nature of such a proceeding. (Vella v. Hudgins (1977) 20 Cal.3d 251, 255.)
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