Curro

Plaintiff real estate broker appeals following denial of its claim for a real estate commission of $11,875 on the sale of an apartment building located on the southeast corner of Polk and Bush Streets, San Francisco.

When plaintiff rested its case in chief the court, sitting without a jury, granted the respective motions of the three defendants for “ nonsuit. ’ ’

The 1961 enactment of Code of Civil Procedure section 631.8 abolished the motion for nonsuit in non jury civil trials and replaced it with the motion for judgment. (Estate of Pack, 233 Cal.App.2d 74, 77 [ 43 Cal.Rptr. 361 ] ; Greening v. General Air-Conditioning Corp., 233 Cal.App.2d 545, 550 [ 43 Cal.Rptr. 662 ].) We shall treat the motions made as motions for judgment.

The trial was held on December 30 and 31, 1963. Apparently both court and counsel were unaware of the enactment of section 631.8, which provides in pertinent part as follows: “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…