United States Fire Insurance Co. v. Johansen

This appeal is from a judgment of nonsuit entered following an opening statement made to the jury by appellants attorney. The rules governing the granting of such nonsuit (Code Civ. Proc., § 581c) are simple: "A nonsuit may be 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 be 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)]; Greenwood v. Mooradian, supra [137 Cal. App. 2d 532 (290 P.2d 955)]; Wright v. Arcade School Dist., 230 Cal. App. 2d 272, 275 [40 Cal. Rptr. 812].) It may