p0374 REVIEW DENIED Alhough a motion for nonsuit may not be made before completion of plaintiff's opening statement, a trial court may enter nonsuit sua sponte to avoid wasting court time, but in doing so the court should consider permitting plaintiff to amend the complaint to include other causes of action based on the same facts, if defendant will not thereby be prejudiced.CitationATKINSON v ELK (Early Nonsuit) 109 CA4 739 [See: CCP 583; CA Const. VI, 13; Elmore v American Motors 70 C2 578; Cunha v Anglo 34 CA2 383; Magpali v Farmers 48 CA4 471, T/AT 8/96]
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