What is the test for a motion for dismissal upon the opening statement of plaintiff's counsel?
California, United States of America
The following excerpt is from Nelson v. Specialty Records, Inc., 11 Cal.App.3d 126, 89 Cal.Rptr. 540 (Cal. App. 1970):
1 The motion for dismissal is construed as a motion for nonsuit upon the opening statement of plaintiff's counsel under Code of Civil Procedure, section 581c. (Gonsalves v. City of Dairy Valley (1968) 265 Cal.App.2d 400, 402--404, 71 Cal.Rptr. 255; cf. Jewell v. Pierce (1898) 120 Cal. 79, 85, 52 P. 132.)
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