What is a nontrial?

Question

This is in regards to the trial court granting nontrial to plaintiff in a few cuases of ation, and the defendant in other causes of action.

Nosrat Khajavi v. Feather River Anesthesiology Medical Group

This is regarding the Khajavi v. Feather River Anesth. Med. Group

In this case, the trial court had granted a nontrial to 3 of the 6 causes of action.

From my understanding, it says that nontrial is was granted when thecourt determined that the plaintiff's evidence is not sufficent to permit a jury to find in his or her favor. The court assumes that the most favorable evidence to the plaintiff is true and conflicting evidence must be disregarded.

"Since motions for nonsuit raise issues of law, the appellate court reviews the rulings on those motions de novo, employing the same standard which governs the trial court...."

SO it sounds like a nontrial would benefit the plaintiff....then why would the defendant file a motion for nontrial??? i dont get it

it also says that the trial court granted defendant's motion for nonsuit to plaintiff's cause of action for wrongful termination in violation of public policy, and the jury awarded plaintiff $26k for Feather River's bre

Answer 1

A compulsory nonsuit is a nonsuit ordered by the court on the ground that the plaintiff on his own showing has not made out his case. I know this type of motion as a motion for summary judgment instead of a motion for non-suit.

Generally, a judge may determine if the facts as presented by Plaintiff could support a jury verdict.

If the facts could not support a jury verdict, a non-suit is granted (in favor of Defendant) and the cause of action is dismissed.

If the facts could support a jury verdict, the non-suit is denied (in favor of Plaintiff) and the Plaintiff is allowed to proceed with the cause of action. That does not mean that the cause of action is "proved." The Plaintiff still has to present the facts to the jury and the jury can determine whether or not Plaintiff has a legitimate cause of action.

The judge only decides issues of law and the jury decides issues of fact. In this type of motion, the judge is determining if the facts support the cause of action, because by law, a cause of action must be supported by facts. As you stated, the judge does not determine if the facts are actually true, but assumes they are for the purpose of deciding this motion.

Laws vary by jurisdiction, please seek the advice of a lawyer in your area for specific details.