CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
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Trials/Requests for Orders
.........Burden of Proof/Shifting
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Moving party has the burden of proof.
Burden of proof is generally preponderance of evidence.
After party with burden of proof makes prima facie case, burden shifts to other party to rebut.
Burden of proof for a specific issue properly placed on party with best access to that information.
Where non-managing spouse has prima facie evidence that community assets disappeared while in the control of managing spouse post-separation, BOP properly shifted to managing spouse to account for the missing assets.