BILL NUMBER: SB 1556	CHAPTERED
	BILL TEXT

	CHAPTER   200
	FILED WITH SECRETARY OF STATE   JULY 21, 1998
	APPROVED BY GOVERNOR   JULY 20, 1998
	PASSED THE ASSEMBLY   JULY 7, 1998
	PASSED THE SENATE   MAY 27, 1998
	AMENDED IN SENATE   MAY 20, 1998
	AMENDED IN SENATE   MAY 4, 1998
	AMENDED IN SENATE   APRIL 20, 1998

INTRODUCED BY   Senator Kopp

                        FEBRUARY 11, 1998

   An act to amend Sections 581c and 1008 of the Code of Civil
Procedure, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1556, Kopp.  Civil actions:   nonsuits:  reconsideration.
   Existing law provides that after the plaintiff has completed his
or her opening statement, or the presentation of his or her evidence
in a trial by jury, the defendant may move for a judgment for nonsuit
without waiving his or her right to offer evidence if the motion is
not granted.
   This bill would specify that a motion for nonsuit may not be made
before completion of the plaintiff's opening statement, and specify
the intent of the Legislature in this regard.
   Existing law provides for an application to reconsider a court
order based upon new or different facts, circumstances, or law, as
specified.
   This bill would specify that this provision applies to all
applications for interim orders.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 581c of the Code of Civil Procedure is amended
to read:
   581c.  (a) Only after, and not before, the plaintiff has completed
his or her opening statement, or after the presentation of his or
her evidence in a trial by jury, the defendant, without waiving his
or her right to offer evidence in the event the motion is not
granted, may move for a judgment of nonsuit.
   (b) If it appears that the evidence presented, or to be presented,
supports the granting of the motion as to some but not all of 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.  Despite the granting of the motion, no final judgment
shall be entered prior to the termination of the action, but the
final judgment in the action shall, in addition to any matters
determined in the trial, award judgment as determined by the motion
herein provided for.
   (c) If the motion is granted, unless the court in its order for
judgment otherwise specifies, the judgment of nonsuit operates as an
adjudication upon the merits.
   (d) In actions which arise out of an injury to the person or to
property, when a motion for judgment of nonsuit was granted on the
basis that the defendant was without fault, no other defendant during
trial, over plaintiff's objection, may attempt to attribute fault to
or comment on the absence or involvement of the defendant who was
granted the motion.
  SEC. 2.  Section 1008 of the Code of Civil Procedure is amended to
read:
   1008.  (a) When an application for an order has been made to a
judge, or to a court, and refused in whole or in part, or granted, or
granted conditionally, or on terms, any party affected by the order
may, within 10 days after service upon the party of written notice of
entry of the order and based upon new or different facts,
circumstances, or law, make application to the same judge or court
that made the order, to reconsider the matter and modify, amend, or
revoke the prior order.  The party making the application shall state
by affidavit what application was made before, when and to what
judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown.
   (b) A party who originally made an application for an order which
was refused in whole or part, or granted conditionally or on terms,
may make a subsequent application for the same order upon new or
different facts, circumstances, or law, in which case it shall be
shown by affidavit what application was made before, when and to what
judge, what order or decisions were made, and what new or different
facts, circumstances, or law are claimed to be shown.  For a failure
to comply with this subdivision, any order made on a subsequent
application may be revoked or set aside on ex parte motion.
   (c) If a court at any time determines that there has been a change
of law that warrants it to reconsider a prior order it entered, it
may do so on its own motion and enter a different order.
   (d) A violation of this section may be punished as a contempt and
with sanctions as allowed by Section 128.7.  In addition, an order
made contrary to this section may be revoked by the judge or
commissioner who made it, or vacated by a judge of the court in which
the action or proceeding is pending.
   (e) This section specifies the court's jurisdiction with regard to
applications for reconsideration of its orders and renewals of
previous motions, and applies to all applications to reconsider any
order of a judge or court, or for the renewal of a previous motion,
whether the order deciding the previous matter or motion is interim
or final.  No application to reconsider any order or for the renewal
of a previous motion may be considered by any judge or court unless
made according to this section.
   (f) For the purposes of this section, an alleged new or different
law shall not include a later enacted statute without a retroactive
application.
   (g) This section applies to all applications for interim orders.

  SEC. 3.  The amendments made to Section 581c of the Code of Civil
Procedure pursuant to Section 1 of this act are not intended to
affect any  right of a defendant under statute or case law to move
for a judgment of nonsuit upon completion of the opening statement of
the plaintiff against whom the motion is made.