What is a Motion for Judgment on the Pleadings?

Useful Rulings on Motion for Judgment on the Pleadings

Recent Rulings on Motion for Judgment on the Pleadings

ANDRE NEUMANN V. GISELA . NEUMANN, ET AL.

(The form declaration also states counsel met and conferred “at least five days before filing a motion for judgment on the pleadings (if I am filing a motion for judgment on the pleadings).” This is not a motion for judgment on the pleadings.) Andre’s counsel states: “On multiple occasions throughout this litigation I have met and conferred with Defense counsel regarding the substantive deficiencies of the claims raised in the Second Amended Cross-Complaint.

  • Hearing

    Sep 21, 2020

WELLS FARGO VS. TAIWAN WALKER

HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS FILED BY WELLS FARGO BANK, N.A. * TENTATIVE RULING: * This is a limited jurisdiction “collections” case involving claimed damages of $5,438.68. On March 12, 2020 the defendant failed to appear for a scheduled CMC and his answer (a General Denial that contained no factual allegations or asserted defenses) was ordered stricken. On June 17, 2020 the Plaintiff filed a motion for judgment on the pleadings. No opposition has been filed.

  • Hearing

    Sep 21, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

WEEKLY VS. NATIONSTAR MORTGAGE

HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS FILED BY U.S. BANK, N.A., et al. * TENTATIVE RULING: * Introduction For the following reasons, the Defendant’s Motion for Judgment on the Pleadings (hereafter “MJOP”) is granted, with leave to amend. Procedural Background Before the Court is a MJOP filed by Defendant Nationstar Mortgage LLC dba Mr. Cooper and Defendant U.S.

  • Hearing

    Sep 21, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

NGUYEN VS. TURBO

Motion for Judgment on the Pleadings. Moving Party Defendant Bernard Turbow, M.D. Responding Party none. Ruling: Defendant Bernard Turbow, M.D.’s Motion for Judgment on the Pleadings as to the Complaint of Plaintiff Vinh Huu Nguyen is CONTINUED to 10/5/20 in this Department at 10:30 a.m. (Code Civ. Proc., §§ 1005(b), 1010.6(a)(2)(A)(ii).) Electronic service is authorized only where a party expressly consented to electronic service, or where the court has ordered electronic service. (Code Civ.

  • Hearing

    Sep 21, 2020

LUIS ALFONSO VS MIRIAM RODRIGUEZ, ET AL.

On the Court’s own motion, the Court continues the hearing on the motion for judgment on the pleadings filed by Defendant Miriam Rodriguez (“Rodriguez”) scheduled for 9/21/2020 at 8:30 a.m. at Stanley Mosk Courthouse in Department 56 to 10/09/2020 at 8:30 a.m. in Department 56. Moving party is ordered to give notice of this ruling. Dated this 21st day of September 2020 Hon. Holly J. Fujie Judge of the Superior Court

  • Hearing

    Sep 21, 2020

NGUYEN VS. TURBO

Motion for Judgment on the Pleadings. Moving Party Defendant Bernard Turbow, M.D. Responding Party none. Ruling: Defendant Bernard Turbow, M.D.’s Motion for Judgment on the Pleadings as to the Complaint of Plaintiff Vinh Huu Nguyen is CONTINUED to 10/26/20 in this Department at 10:30 a.m. (Code Civ. Proc., §§ 1005(b), 1010.6(a)(2)(A)(ii).) Electronic service is authorized only where a party expressly consented to electronic service, or where the court has ordered electronic service. (Code Civ.

  • Hearing

    Sep 21, 2020

PATTY CORNWALL VS BARRY BEITLER, ET AL.

Defendants’ motion for judgment on the pleadings is GRANTED.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KEC VS. R.J. REYNOLDS TOBACCO COMPANY

Reynolds Tobacco Company’s Motion for Judgment on the Pleadings is denied. Plaintiff’s Request for Judicial Notice is granted. Defendant moves for judgment on the pleadings as to plaintiff’s 11th cause of action under PAGA. However, defendant is bound by the Tolling Stipulation and Order in the Cox action and is estopped to assert otherwise.

  • Hearing

    Sep 18, 2020

PANOPUS PLC VS PHILOUS, INC.

Indeed, with respect to the motion for judgment on the pleadings as to this cause of action in the original Complaint, the Court granted the motion with leave to amend because Hong’s fraudulent misrepresentations were not pled with sufficient specificity. (See 2/28/20 Minute Order.)

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KEC VS. R.J. REYNOLDS TOBACCO COMPANY

Reynolds Tobacco Company’s Motion for Judgment on the Pleadings is denied. Plaintiff’s Request for Judicial Notice is granted. Defendant moves for judgment on the pleadings as to plaintiff’s 11th cause of action under PAGA. However, defendant is bound by the Tolling Stipulation and Order in the Cox action and is estopped to assert otherwise.

  • Hearing

    Sep 18, 2020

ANUSHAVAN HARUTUNYAN VS ROLLS-ROYCE MOTOR CARS NA, LLC A LIMITED LIABILITY COMPANY, ET AL.

Superior Court (1989) 213 Cal.App.3d 1045, 1048 [“[T]he preferable practice [is] to permit the amendment and allow the parties to test its legal sufficiency by demurrer, motion for judgment on the pleadings or other appropriate proceedings”].) Plaintiff is ordered to file The First Amended Complaint no later than five (5) court days from this ruling.

  • Hearing

    Sep 18, 2020

ALEKSANDR BIBLE VS INTERCARE HOLDINGS INSURANCE SERVICES, INC

.: 18STCV06021 [TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS Dept. 27 1:30 p.m. September 17, 2020 I.INTRODUCTION On November 26, 2018, plaintiff Aleksandr Bible filed this action against defendant Intercare Holdings Insurance Services, Inc. Defendant moves for judgment on the pleadings on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action.

  • Hearing

    Sep 17, 2020

SPECIALTY SCRAP VS ECOLOGY AUTO PARTS

The preferred practice is to permit the amendment and allow the parties to test its legal sufficiency by demurrer, motion for judgment on the pleadings, or other appropriate proceedings. See Kittredge Sports Co. v. Super. Ct. (1989) 213 Cal. App. 3d 1045, 1048. Plaintiff shall file and serve a first amended complaint within ten (10) days of this hearing.

  • Hearing

    Sep 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

MATTHEW HOFFMAN ET AL VS US BANK NA ET AL

BC684645; (c) Order granting Motion for Judgment on the Pleadings entered on July 11, 2018 in Case No. BC684645; (d) the 2018 CA Dept. of Business Oversight’s Annual Report on Operation of Lenders and Servicers under the California Residential Mortgage Lending Act; and (e) this Court’s February 28, 2002 Order re Motion for Judgment on the Pleadings. The Court grants these requests.

  • Hearing

    Sep 17, 2020

  • Type

    Real Property

  • Sub Type

    other

ANGELA WHITE VS ROBERT KARDASHIAN ET AL

The appellate court concluded that the trial court erred in granting judgment on the pleadings to the husband and his co-defendants, reasoning that the family law proceeding vindicated the “right of a party . . . to an adequate opportunity to litigate, notwithstanding a disparity in the parties’ income and assets,” whereas a malicious prosecution action vindicates “one’s right to be free from malicious and unmeritorious litigation.” (Id. at 1102.)

  • Hearing

    Sep 17, 2020

JEWELS BAZAR INC VS HILTON RESORTS CORPORATION

The preferred practice is to permit the amendment and allow the parties to test its legal sufficiency by demurrer, motion for judgment on the pleadings, or other appropriate proceedings. See Kittredge Sports Co. v. Super. Ct. (1989) 213 Cal. App. 3d 1045, 1048.

  • Hearing

    Sep 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

SUNNY SUNNY HWANG VS LAUREN GUASTAVINO, ET AL.

20STCV04024 SUNNY HWANG vs LAUREN GUASTAVINO Defendants Lauren Gustavino and Paul Chambers’ Motion for Judgment on the Pleadings TENTATIVE RULING: The motion is GRANTED with leave to amend.

  • Hearing

    Sep 17, 2020

DASCANIO VS. LIN

PLT Dennis Dascanio Motion for Judgment on the Pleadings Plaintiff Dennis Dascanio’s unopposed motion for judgment on the pleadings as to the Answer of Defendant is continued to 10/8/20 at 2pm. Code Civ. Proc., § 439 imposes a meet and confer requirement on the moving party on a motion for judgment on the pleadings. Plaintiff failed to file a declaration with his motion as is required by Code Civ.

  • Hearing

    Sep 17, 2020

MHJ GROUP INC ET AL VS JI LI ET AL

“[E]ven if the proposed legal theory is a novel one, ‘the preferable practice would be to permit the amendment and allow the parties to test its legal sufficiency by demurrer, motion for judgment on the pleadings or other appropriate proceedings.’ [Citation.]” Kittredge, id. Plaintiffs’ Motion for Leave to File SAC A.

  • Hearing

    Sep 17, 2020

SHAOUL AMAR VS LILLIA NISINOVICH

.: 2 Discover Motion C/O: None POS: OK Trial Date: None SUBJECT: MOTION FOR JUDGMENT ON THE PLEADINGS MOVING PARTY: Defendant Lillia Nusinovich RESP. PARTY: Plaintiff Shaoul Amar TENTATIVE RULING Defendant’s Motion for Judgment on the Pleadings (MJP) is DENIED. Defendant’s Request for Judicial Notice (RJN) is GRANTED.

  • Hearing

    Sep 17, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

GARRY D BRADBERRY VS FCA US LLC,

Ford presented this argument in its prior motion for judgment on the pleadings. In its Prior Order, the Court found “insufficient support in the California cases Ford cites for its distinction between fraudulent inducement by misrepresentation and fraudulent inducement by omission, and therefore declines to apply the economic loss rule to the omission claims at this stage.” Prior Order p. 10.

  • Hearing

    Sep 16, 2020

JOHN RIOS VS CITY OF BALDWINPARK

Where pleadings are defective, a party may raise the defect by way of a demurrer or motion to strike or by motion for judgment on the pleadings. CCP §430.30(a); Coyne v. Krempels, (1950) 36 Cal.2d 257. The party against whom a complaint or cross-complaint has been filed may object by demurrer or answer to the pleading. CCP §430.10. A demurrer is timely filed within the 30-day period after service of the complaint. CCP § 430.40; Skrbina v. Fleming Companies, (1996) 45 Cal.App.4th 1353, 1364.

  • Hearing

    Sep 15, 2020

  • Type

    Administrative

  • Sub Type

    Writ

JOHN RIOS VS CITY OF BALDWIN PARK

Where pleadings are defective, a party may raise the defect by way of a demurrer or motion to strike or by motion for judgment on the pleadings. CCP §430.30(a); Coyne v. Krempels, (1950) 36 Cal.2d 257. The party against whom a complaint or cross-complaint has been filed may object by demurrer or answer to the pleading. CCP §430.10. A demurrer is timely filed within the 30-day period after service of the complaint. CCP § 430.40; Skrbina v. Fleming Companies, (1996) 45 Cal.App.4th 1353, 1364.

  • Hearing

    Sep 15, 2020

  • Type

    Administrative

  • Sub Type

    Writ

ALEX KYRKLUND VS JOY ROSE ANDERSON, ET AL.

Tauscher’s motion for judgment on the pleadings is granted as to the 12th, 13th, and 14th causes of action with 30 days leave to amend. Sixteenth Cause of Action for Accounting Seventeenth Cause of Action for Declaratory Relief Tauscher concedes these causes of action are deficient and requests leave to amend. Tauscher’s motion for judgment on the pleadings is granted with 30 days leave to amend.

  • Hearing

    Sep 15, 2020

SHAW, JOSEPH VS. MEMORIAL MEDICAL CENTER

TRUJILLO, RICARDO – Plaintiff’s Motion for Judgment on the Pleadings – Plaintiff’s Motion for Judgment on the Pleadings – GRANTED, and unopposed. PR-18-000459 – IN THE MATTER OF LUISA MARQUES PIMENTEL TRUST – Trustee and Petitioner Carlos Silveira’s Motion for Judgment on the Pleadings – CONTINUED on the Court’s own motion to October 1, 2020, at 8:30 a.m. in Department 22 of this Court. Respondent Darrell Souza shall file an opposition on the merits not later than September 21, 2020.

  • Hearing

    Sep 15, 2020

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