Khourie

This appeal is from a “Judgment of Nonsuit” entered at the conclusion of plaintiff’s presentation of evidence, in a nonjury trial of an action for damages “for failure to abide by the terms of an escrow in disbursing certain funds.”

The trial was held July 29-30, 1968. Defendant Khourie’s motion for “nonsuit” was made and granted on the second day. The “Judgment of Non-suit” was entered August 8, 1968.

In 1961 the Legislature abolished the right of a defendant to move for a nonsuit in a trial before the court without a jury. (Milton Meyer & Co. v. Curro, 239 Cal.App.2d 480, 482 [ 48 Cal.Rptr. 812 ]; Estate of Pack, 233 Cal.App.2d 74 [ 43 Cal.Rptr. 361 ]; see also Gonsalves v. Dairy Valley, 265 Cal.App.2d 400, 402-404 [ 71 Cal.Rptr. 255 ].) In that year Code of Civil Procedure section 581c, which had previously provided for judgments of nonsuit in trial by court or by jury, was amended by adding the words which we have italicized, as follows:

“After the plaintiff has completed his opening statement, or the presentation of his evidence in a trial by jury, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a…