Legal Question in Appeals and Writs in California

Re: Filing for a motion of judgement after closing arguments

Why are you asking us, and not your attorneys?

Re: Filing for a motion of judgement after closing arguments

The defense attorneys are making a motion for judgment as a matter of law based on their position that your evidence is insufficient to sustain your position. This is very common and the motion is sometimes granted - it is far from automatic.

You should discuss this in detail with your lawyer, whom I am sure will explain it to you in greater detail.

Re: Filing for a motion of judgement after closing arguments

That is pretty confusing. There are opening statements, and closing arguments.

Strangely, in California, a plaintiff does not have to give an opening statement. (CCP section. 607.) If he does give one, however, he must outline each element for each cause of action that he intends to recover on. If he does not, the defense can move for nonsuit.

After the plaintiff rests his case, the defense may also move for nonsuit, on the grounds that the plaintiff has failed to prove some element to his case.

After the close of evidence by both parties, any party may move for a directed verdict. After the jury has rendered a verdict, during the period in which to move for a new trial, the parties may move for a judgment notwithstanding the verdict.

It appears that the defense plans to move for judgment on the pleadings. It is too late (past trial cutoff) to move for summary judgment, so I am assuming that the defense attorneys are referring to the old practice of moving for judgment on the pleadings.

There is a new statute that states that a motion for judgment on the pleadings cannot be made after a pretrial conference order, or 30 days prior to the initial trial date, whichever is later. (CCP sec. 438 subd. (e).)

One of the attorneys for the County of Los Angeles tried this with me last year, and the judge barked at him and denied his motion after I pointed out it was untimely.

I hope that answers your question.

Very truly yours,