Code of Civil Procedure section 631.8 motion for judgment in a California eviction

A Code of Civil Procedure section 631.8 motion for judgment in a California eviction is the topic of this blog post.  A motion for judgment in a California eviction is authorized by Code of Civil Procedure sections 631.8 and 1177.  A motion for judgment has a very important advantage compared to a motion for nonsuit in that in ruling on a motion for judgment the trial court is permitted to weigh the evidence and can also make factual findings based on the evidence the plaintiff or opposing party presented. The disadvantage of a motion for judgment is that it can only be used in a non-jury or bench trial.

Code of Civil Procedure § 631.8 states that,

“(a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support of his defense or in rebuttal in the event the motion is not granted, may move for a judgment. The court as trier of the facts shall weigh the evidence and may render a judgment in favor of the moving party, in which case the court shall make a statement of decision as provided in Sections 632 and 634, or may decline to render any judgment until the close of all the evidence. The court may consider all evidence received, provided, however, that the party against whom the motion for judgment has been made shall have had an opportunity to present additional evidence to rebut evidence received during the presentation of evidence deemed by the presenting party to have been adverse to him, and to rehabilitate the testimony of a witness whose credibility has been attacked by the moving party. Such motion may also be made and granted as to any cross-complaint.

(b) If it appears that the evidence presented supports the granting of the motion as to some but not all 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 such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment in such 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, such judgment operates as an adjudication upon the merits.”

A party may file a motion for judgment in a California eviction case as Code of Civil Procedure § 1177 states that, “Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter.”

A California Court of Appeal has ruled that a motion for judgment allows the trial court to dispense with the need for a party, usually but not always the defendant, to present evidence when, after weighing the evidence at the close of the plaintiff's case, the court is persuaded that the plaintiff has failed to sustain its burden of proof.

Another California Court of Appeal has ruled that while a motion for judgment is usually made by a defendant the same principles apply to a motion by the plaintiff at the close of the defendant's case.

As with a motion for nonsuit a judgment operates as an adjudication upon the merits unless the court in its order for judgment otherwise specifies. See Code of Civil Procedure section 631.8(c).

A defendant or other party prevailing on a motion for judgment is entitled to recover their costs. See Code of Civil Procedure section 1032(b).     

Attorneys or parties in California who would like to view a portion of a sample 15 page motion for judgment that includes a memorandum of points and authorities, sample declaration and proposed order sold by the author can use the link shown below.

Sample motion for judgment in California eviction

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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.