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YOUNG v. DESERT VIEW MANAGEMENT CORP.

Docket No. 32872.

275 Cal.App.2d 294 (1969)

79 Cal. Rptr. 848

RUPERT G. YOUNG, Plaintiff and Appellant, v. DESERT VIEW MANAGEMENT CORPORATION, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

July 29, 1969.

Attorney(s) appearing for the Case

Abrams & Fox and Martin L. Abrams for Plaintiff and Appellant.

Wyman, Bautzer, Finell & Rothman and Charles L. Fonarow for Defendant and Respondent.

DUNN, J.

This appeal is from a judgment of nonsuit entered following an opening statement made to the jury by appellant's attorney. [1] The rules governing the granting of such nonsuit (Code Civ. Proc., § 581c) are simple: "A nonsuit may be granted on opening statement only `where it is clear that counsel has undertaken to state all of the facts which he expects to prove and it is plainly evident that acts thus to be proved will not constitute...

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