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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)

Citation
Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Parent Document
Western Land Office, Inc. v. Cervantes, 175 Cal. App. 3d 724 (1985)
Jurisdiction
California (state)
Effective Date
1985-12-13

Other Sections in This Document (148)

Full Text

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We begin with the Evidence Code, enacted in 1965. Section 500 of that code provides: “Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.” The burden is on the party alleging an affirmative defense to prove it. (Prince v. Kennedy