What is the procedure in which a defendant can request entry of judgment in a nonjury trial without presenting defense evidence?

California, United States of America


The following excerpt is from Bass v. Jones, H043208 (Cal. App. 2018):

Section 631.8 provides a procedure in a nonjury trial for a defendant, after the plaintiff rests its case, to request entry of judgment in defendant's favor without the requirement of presenting defense evidence.4 " 'The purpose of Code of Civil Procedure section 631.8 is "to enable the court, when it finds at the completion of plaintiff's case that the evidence does not justify requiring the defense to produce evidence, to weigh evidence and make findings of fact." [Citation.] Under the statute, a court acting as trier of fact may enter judgment in favor of the defendant if the court concludes that the plaintiff failed to sustain its burden of proof. [Citation.] In making the ruling, the trial court assesses witness credibility and resolves conflicts in the evidence.' " (Kinney v. Overton (2007) 153 Cal.App.4th 482, 487.)

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