What is the initial burden of proving that one or more elements of a cause of action cannot be established?
California, United States of America
The following excerpt is from Beach / Whitman / Cowdrey, LLP v. Robertson, 2d Civil No. B259718 (Cal. App. 2016):
The moving party has the initial burden of showing that one or more elements of a cause of action cannot be established. (Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763, 768.) Where the moving party has carried that burden, the burden
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