What is the test for establishing that a verified memorandum is prima facie evidence of proper charges?

California, United States of America


The following excerpt is from Cosolo v. Verizon Cal. Inc, E049017, No. RCVRS099168 (Cal. App. 2011):

"'[I]f the items appear to be proper charges, the verified memorandum is prima facie evidence that the costs, expenses and services therein listed were necessarily incurred by the [party] [citations], and the burden of showing that an item is not properly chargeable or is unreasonable is upon the [objecting party].' [Citations.]" (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) "The court's first determination, therefore, is whether the statute expressly allows the particular item, and whether it appears proper on its face. [Citation.] If so, the burden is on the objecting party to show them to be unnecessary or unreasonable. [Citation.]" (Ibid.)

Other Questions


What is the test for establishing "possible evidence to establish prima facie" of conspiracy? (California, United States of America)
When a defendant is charged with a charge of assault with intent to pervert the course of justice, is the evidence of domestic violence prior to the charged offence prejudicial? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
What is the proper procedure for prosecutors to appeal against a finding that no prima facie case has been established? (California, United States of America)
What is the test for establishing that a verified cost bill contains proper charges? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
What is the test for establishing prima facie evidence under section 969b of the California Criminal Code? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the test for establishing prima facie evidence at a victim restitution hearing? (California, United States of America)
What is the test for establishing that statements by a victim about the value of a stolen property constitute "prima facie evidence of value for purposes of restitution"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.