The party claiming that a person did not exercise a requisite degree of care has the burden of proof on that issue.
Cal. Evid. Code § 521
Burden of Proof on Specific Issues
Applied in 9 court decisions — leading case 7 Cal. 3d 488 - Gyerman v. United States Lines Co. (1972)
Most recently applied in 233 Cal. App. 4th 708 - Eriksson v. Nunnink (January 2015)
Enacted by Stats. 1965, Ch. 299.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.