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California Code Of Civil Procedure Section 581c

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 581c

(a) Only after, and not before, the plaintiff has completed
his or her opening statement, or after the presentation of his or her
evidence in a trial by jury, the defendant, without waiving his or
her right to offer evidence in the event the motion is not granted,
may move for a judgment of nonsuit.
   (b) If it appears that the evidence presented, or to be presented,
supports the granting of the motion as to some but not all of the
issues involved in the action, the court shall grant the motion as to
those issues and the action shall proceed as to the issues
remaining.  Despite the granting of the motion, no final judgment
shall be entered prior to the termination of the action, but the
final judgment in the action shall, in addition to any matters
determined in the trial, award judgment as determined by the motion
herein provided for.
   (c) If the motion is granted, unless the court in its order for
judgment otherwise specifies, the judgment of nonsuit operates as an
adjudication upon the merits.
   (d) In actions which arise out of an injury to the person or to
property, when a motion for judgment of nonsuit was granted on the
basis that the defendant was without fault, no other defendant during
trial, over plaintiff's objection, may attempt to attribute fault to
or comment on the absence or involvement of the defendant who was
granted the motion.

Last modified: January 12, 2009