Gray

Plaintiff/appellant Terry C. Gray, Jr., appeals from a judgment of nonsuit in his action for personal injuries received while residing in a hotel owned by defendant/respondent Vincent Kircher. Appellant’s injuries resulted from a gunshot wound inflicted by another guest at the hotel. Appellant contends the trial court erred in granting the nonsuit in favor of respondent hotel owner, in that the evidence would have supported a verdict in his favor. We disagree, and affirm.

As Professor Witkin has noted, a motion for nonsuit “is the modem equivalent of a demurrer to the evidence-, it concedes the truth of the facts proved, but denies that they, as a matter of law, sustain the plaintiff’s case. [Citations.]” (7 Witkin, Cal. Procedure (3d ed. 1985) Trial, § 405.) “A nonsuit may be granted only when, disregarding conflicting evidence and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff. [Citation.]” (Cervantez v. J. C. Penney Co .(1979) 24…