Legal Opinion
Chavez v. County of Merced
California Court of Appeal
Decided August 27, 1964No. Civ. 313PublishedCited by 12 opinions
1Opinion of the CourtConley, P. J.
In this action brought by his widow and children for the death of David A. Chavez, the appeal is from a judgment of nonsuit. This being so, we must apply well known rules in considering the record and the briefs of the parties. Therefore, all evidence which favors the plaintiffs, including beneficial presumptions and inferences, must be taken as true. The lower court has no right to grant a nonsuit if there is any substantial evidence which, if believed by the triers of fact, would make out a case for plaintiffs. (McCall v. Otis Elevator Co., 219 Cal.App.2d 22, 24-25 [33 Cal.Rptr. 44].) An…
2Cases cited25 opinions
- Muskopf v. Corning Hospital DistrictCalifornia Supreme Court · 1961
- Bauman v. City and County of San FranciscoCalifornia Court of Appeal · 1940
- Fackrell v. City of San DiegoCalifornia Supreme Court · 1945
- Corning Hospital District v. Superior CourtCalifornia Supreme Court · 1962
- Hoel v. City of Los AngelesCalifornia Court of Appeal · 1955
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3Cited by12 opinions
- Baldwin v. State of CaliforniaCalifornia Supreme Court · 1972
- Ducey v. Argo Sales Co.California Supreme Court · 1979
- Callahan v. City and County of San FranciscoCalifornia Court of Appeal · 1967
- Bakity v. County of RiversideCalifornia Court of Appeal · 1970
- Huffman v. City of PowayCalifornia Court of Appeal · 2000
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