Does the dismissal of the jury upon the granting of a motion for nonsuit constitute a termination of the action as to all defendants?
California, United States of America
The following excerpt is from Alpert v. Villa Romano Homeowners Assoc., 81 Cal.App.4th 1320, 96 Cal.Rptr.2d 364 (Cal. App. 2000):
2. We construe the dismissal of the jury upon the granting of the motion for nonsuit as a termination of the action as to all defendants. It is proper, therefore, to treat the appeal as an appeal from the judgment which necessarily followed. (See Mikialian v. City of Los Angeles (1978) 79 Cal.App.3d 150, 153; Graski v. Clothier (1969) 273 Cal.App.2d 605, 607.)
2. We construe the dismissal of the jury upon the granting of the motion for nonsuit as a termination of the action as to all defendants. It is proper, therefore, to treat the appeal as an appeal from the judgment which necessarily followed. (See Mikialian v. City of Los Angeles (1978) 79 Cal.App.3d 150, 153; Graski v. Clothier (1969) 273 Cal.App.2d 605, 607.)
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