Legendary Investors Group No. 1 v. Niemann, No. B245620 (D2d4 Mar. 25, 2014)
This is a short—albeit dense—opinion reversing a nonsuit under Code of Civil Procedure § 581c that the trial court granted at the close of plaintiff’s evidence. In discussing the standard, the court mentions that in addressing a nonsuit motion, courts cannot consider defendant-favorable testimony elicited from a hostile witness called by the plaintiff under § 776 of the Evidence Code. (§ 776 permits a party to call on direct and cross-examine a witness affiliated with the opposing party.) Apparently, that testimony is not considered part of plaintiff’s case-in-chief for nonsuit purposes. Did not know that.
Reversed.
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