What is the test for a motion under section 631.8 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from Wendland v. Wendland, 93 Cal.Rptr.2d 550 (Cal. App. 2000):

Code of Civil Procedure section 631.8 provides in part: "(a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support of his defense or in rebuttal in the event the motion is not granted, may move for a judgment. The court as trier of the facts shall weigh the evidence and may render a judgment in favor of the moving party . . . ." 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.]" (Pettus v. Cole (1996) 49 Cal.App.4th 402, 424.)

Other Questions


Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
What is the effect of section 128.5 of the California Code of Civil Procedure and Civil Procedure Act? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does the active participation provision in section 654 of the California Civil Code of Civil Procedure provide an exemption to the application for Section 654? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
Does section 394 of the California Civil Code of Civil Procedure apply to the California Department of Justice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.