What is a defendant's right to a nonsuit if the evidence presented by plaintiff is insufficient to permit a jury to find in his favor?

California, United States of America


The following excerpt is from Wilson v. Merritt, 142 Cal.App.4th 1125, 48 Cal.Rptr.3d 630 (Cal. App. 2006):

"`A defendant is entitled to a nonsuit if the trial court determines that, as a matter of law, the evidence presented by plaintiff is insufficient to permit a jury to find in his favor. [Citation.] "In determining whether plaintiff's evidence is sufficient, the court may not weigh the evidence or consider the credibility of witnesses. Instead, the evidence most favorable to plaintiff must be accepted as true and conflicting evidence must be disregarded. The court must give `to the plaintiff[`s] evidence all the value to which it is legally entitled, . . . indulging every legitimate inference which may be drawn from the evidence in plaintiff'[s] favor.'" [Citation.] A mere `scintilla of evidence does not create a conflict for the jury's resolution; "there must be substantial evidence to create the necessary conflict." [Citation.]' [Citation.]" (Adams v. City of Fremont (1998) 68 Cal.App.4th 243, 262-263, 80 Cal.Rptr.2d 196.)

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