What is the burden of proving that a party has met the moving party's burden?
California, United States of America
The following excerpt is from St. Philip Catholic Church v. Kubicek, B244912 (Cal. App. 2014):
moving party's burden is met, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Silva v. Lucky Stores, Inc. (1998) 65 Cal.App.4th 256, 261.)
"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 test for determining whether a party has a burden of burden on moving parties? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
Does a party's failure to file a declaration in a personal injury action relieve the moving party of the burden of establishing the evidentiary facts of every element necessary to entitle him to judgment? (California, United States of America)
Can a moving party rely on the adverse party's 'convenience' as a basis of a motion to dismiss the adverse as a witness? (California, United States of America)
Does a failure of proof apply to a party who had the burden of proving at trial? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord? (California, United States of America)
What is the burden of severance when a party seeks to separate criminal charges from those of the other party? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
How much is a plaintiff's burden to prove that they have been defamed by a third party? (California, United States of America)
