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Im Mike Hackard with Hackard Law. We do trust estate litigation in some of Californias largest urban areas. We respond to dozens of inquiries every month from family members of deceased or cognitively impaired elders. These inquiries often focus on prevention, prosecution, and recovery for financial abuse. The financial abuse may be the result of undue influence, outright theft, or a combination thereof. Every case has its own character. One characteristic, commonly shared, is the litigation burden of introducing evidence, to make a prima facie case meaning theres enough evidence to proceed to trial or judgment. California courts have long used the phrase burden of going forward with the evidence. This is the burden on the party bringing the case to prove particular facts essential to the claim. The law determines the burden. In jury trials, the judge instructs the jury as to which party bears the burden. The obligation often rests on showing what is more likely true than not
