Young v. Desert View Management Corp.

This appeal is from a judgment of nonsuit entered following an opening statement made to the jury by appellant’s attorney. The rules governing the granting of such nonsuit (Code Civ. Proc., § 581c) are simple: “A nonsuit may he granted on opening statement only ‘where it is clear that counsel has undertaken to state all of the facts which he expects to prove and it is plainly evident that acts thus to he proved will not constitute a cause of action. (Weyburn v. California Kamloops, Inc., supra [200 Cal.App. 2d 239 (19 Cal.Rptr. 357)] ; Bias v. Reed, supra, [169 Cal. 33 (145 P. 516)] ;…