How have courts dealt with a motion for judgment after the closing statements of the trial?

In Moore v. California Minerals etc. Corp. (1953) 115 Cal.App.2d 834, 252 P.2d 1005, the trial court essentially granted an unnoticed motion for judgment on the pleadings following the parties' opening statements. ( Id . at pp. 835-836, 252 P.2d 1005.) The trial court found the answer failed to deny the allegations of the complaint and raised no issue as a matter of law. ( Id . at p. 836, 252 P.2d 1005.) The appellate court reversed, concluding defendant's due process rights had been violated. ( Id . at pp. 836-837, 252 P.2d 1005.) "The ruling came as a surprise to defense counsel, who had no opportunity to point out the sufficiency of the answer to raise an issue as to [the merits]." ( Id. at p. 836, 252 P.2d 1005.) "The parties were prepared to go to trial, and but for the precipitate and unexpected action of the court would have done so." ( Ibid . ) The appellate court explained, "[e]lementary principles of due process support [the] conclusion that if, during a trial, the court, sua sponte , unearths a point of law which it deems to be decisive of the cause, the party against whom the decision impends has the same right to be heard before the decision is announced that he has to produce evidence upon the issues of fact." ( Id . at p. 837, 252 P.2d 1005.)