What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums?

California, United States of America


The following excerpt is from Pearson v. Curfman, G034424 (Cal. App. 6/17/2008), G034424 (Cal. App. 2008):

Defendants cite no authority for their assertion plaintiffs had the burden of proving allocation of the premiums. The contention is waived. (Kim v. Sumitomo Bank (1993) 17 Cal.App.4th 974, 979.)

For the same reason, we deem waived defendant's claim the entire damage award should be vacated because the trust is in a better position after retaking the premises because it currently receives a higher rental payment than before the dispute. We need not discuss points that are not supported by citation to authorities. (Kim v. Sumitomo Bank, supra, 17 Cal.App.4th at p. 979.)

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