CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Burden of Proof
.........Civil Matters
 13 Cards On This Topic:
  • Burden of proof defined. Usual burden is preponderance of evidence.
  • Burden of proof is on plaintiff to prove facts essential to claim and on defendant to prove facts essential to defense.
  • Jury to be instructed on assignment of magnitude and burden of proof.
  • Party claiming another is guilty of crime or wrongdoing has burden of proof.
  • If tenant controverts landlord's bona fide intent to withdraw property per Ellis Act, landlord has burden to establish its truth by a preponderance of the evidence.
  • D's BOP in offering defense under Medical Marijuana Act is not very great, but on nonprofit element, must include evidence as to how the collective is governed.
  • In intestacy case, probate court erred in applying preponderance of evidence instead of clear and convincing standard, as required by PC 6453(b) and FC 7630(c).
  • Food poisoning cases governed by the same basic rules of causation that govern other tort cases. Reasonable inferences drawn from substantial evidence are available to show causation.
  • Trial court did not improperly shift burden of proof to Ds' to prove affirmative defense, where HO assoc. met its burden of proof to show it addressed a neighbor's violation and did not act unreasonably in not suing them.
  • Contact by P's atty with D's expert did not create rebuttable presumption that confidential information had been improperly disclosed; normal burden of proof applied and D failed to meet it.
  • P bears burden of proof re misappropriation of trade secrets under UTSA—burden of producing rebutting evidence belongs to D after P presents prima facie case.
  • Trial court determination that presumption overcome will not be disturbed, if supported by substantial evidence or reasonable inferences.
  • In reformation cases, evidence must be something more than preponderance.


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