This case has been cited 1 times or more.
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2007-06-26 |
CHICO-NAZARIO, J. |
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| The party who alleges the fact has the burden of proving it. The burden of proof is assigned to the defendant of a claim when he or she alleges an affirmative defense, which is not a denial of an essential ingredient in the complainant's cause of action - the existence of the receipts, in the present case - but is one which, if established, will be a good defense, i.e., an avoidance of the claim.[25] One who alleges an affirmative defense that is denied by the complainant - the falsity of the receipts, in this case - has the burden of proving it. Unless the party asserting the affirmative of an issue sustains the burden of proof, his or her cause will not succeed. If he or she fails to establish the facts of which the matter asserted is predicated, the complainant is entitled to a verdict or decision in his or her favor. [26] In this case, U-BIX's affirmative defense that the receipts are spurious is rejected due to utter lack of proof. | |||||