California Code of Civil Procedure (“CCP”) section 631.8 is a rarely used, but powerful trial tool, that provides, “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.”  Additionally, this section allows a party to attack some but not all issues in the case, “[i]f it appears that the evidence presented supports the granting of the motion as to some but not all the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed as to the issues remaining.”  This tool was recently utilized by partner Marvin Straus in a civil trial held in Los Angeles, California.  After plaintiff presented his case, a motion for judgment was requested but rejected by the court.  During cross-examination, the defense carefully balanced providing enough evidence as possible to attack the merits of Plaintiff’s claim, while at the same time being mindful that too much information would “open the door” to evidence that could undermine a later CCP 631.8 request.  After the cross-examination of the Plaintiff, the defense asked the court again to be heard pursuant to CCP 631.8.  The court granted Mr. Straus’ request to be heard.  After oral argument, the court granted several motions including the outright dismissal with prejudice of one of the defendants, the dismissal of any and all claims for property damage, as well as, the dismissal of any claim for special damages. The motions made and results:

• Motion for judgment to dismiss entire action against defendant.  Granted.

• Motion for judgment to dismiss property damage claims.  Granted.

• Motion for judgment to dismiss any award of medical specials.  Granted.