Ehrlich

Ehrlich v. Zlot CA1/5

Good Law
Court of Appeal of CaliforniaMay 7, 2015A139567California10,269 words

Opinion

Opinion

Bruiniers, J.

I. BACKGROUND

“A motion for directed verdict, like a motion for nonsuit, is in the nature of a demurrer to the evidence. [Citations.]” (7 Witkin, Cal. Procedure (5th ed. 2008) Trial, § 420, p. 494.) “ ‘ “[A] directed verdict may be granted ‘only when, disregarding conflicting evidence and giving to plaintiff’s evidence all the value to which it is legally entitled, herein 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 if such a verdict were given.’ ” [Citations.]’ [Citations.]” (North Counties Engineering, Inc. v. State Farm General Ins. Co. (2014) 224 Cal.App.4th 902, 919.) The power of a court in passing upon such motions is “ ‘strictly limited.’ ” (Estate of Lances (1932) 216 Cal. 397, 401.) “In determining such a motion, the trial court has no power to weigh the evidence, and may not consider the credibility of witnesses. . . . A directed verdict may be granted only when, disregarding conflicting evidence, giving the evidence of the party against whom the motion is

1 Ehrlich originally asserted 14 causes of…

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