What is the burden on a plaintiff to prove that each claim is legally sufficient and factually substantiated?
California, United States of America
The following excerpt is from Bryan v. News Corp., B275567 (Cal. App. 2018):
At the second step of the analysis, "the burden shifts to the plaintiff to demonstrate that each challenged claim based on protected activity is legally sufficient and factually substantiated. The court, without resolving evidentiary conflicts, must determine whether the plaintiff's showing, if accepted by the trier of fact, would be sufficient to sustain a favorable judgment." (Baral v. Schnitt, supra, 1 Cal.5th at p. 396.)
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