What is the initial burden of proving that a defendant breached the statute of limitations in a motion of demurrer?

5 Who bears the initial burden may vary, depending on whether the statute of limitations is asserted as a legal bar to prosecution by the defendant on demurrer, or in a pretrial hearing, or at trial as a matter of defense. (See People v. Bunn, supra, 53 Cal.App.4th at p. 234, 61 Cal.Rptr.2d 734.) For our purposes the end result is the same, regardless of whether we view the issue as whether appellant's demurrer should have been sustained or as a failure of proof by respondent.