Oppose a motion for nonsuit in California

Oppose a motion for nonsuit in California is the topic of this blog post.  California law requires a motion for nonsuit to meet a strict legal standard and as a result nonsuit motions are granted only under very limited circumstances.

Any party served with served with a nonsuit motion in California should carefully review the motion and supporting documents to determine if the motion meets the strict standards in California for granting nonsuit.

The law in California is settled that a motion for nonsuit cannot be granted unless the evidence submitted by the plaintiff and viewed in the light most favorable to plaintiff could not possibly support a jury verdict in favor of the plaintiff, or otherwise support a judgment in favor of the plaintiff.

The California Supreme Court has stated that in ruling on a motion for nonsuit, the court must give the plaintiff's evidence all the value to which it is legally entitled, indulging in every legitimate inference that may be drawn in the plaintiff's favor, disregarding any conflicting evidence, and accepting the evidence most favorable to the plaintiff as true.

The California Supreme Court has also stated that in ruling on a motion for nonsuit the trial court cannot weigh the evidence or judge witness credibility. 

And any doubt must be resolved in favor of denying the motion, even if conflicting inferences could be drawn from the evidence.  The trial court has a duty to let the case go to the jury even if it has doubts about the inferences that might be drawn from the evidence.

Attorneys or parties in California who would like to view a portion of a 9 page sample  opposition to motion for nonsuit that includes a memorandum of points and authorities sold by the author can use the link shown below.

Sample opposition to motion for nonsuit in California

 

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.