Motion Types Legal Issues

What is a Motion for Judgment on the Pleadings?

Most Useful Motion for Judgment on the Pleadings Examples

Recent Examples of Motion for Judgment on the Pleadings

1-25 of 500 results

RUTH CHIRON VS HYUNDAI MOTOR AMERICA, A CALIFORNIA CORPORATION, ET AL.

...(18PSCV00128) ______________________________________________________________________________ Plaintiff Ruth Chiron’s MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Responding Party: Defendants Hyundai Motor America and Glendora Hyundai Tentative Ruling Plaintiff Ruth Chiron’s Motion for Leave to File Second Amended Complaint is GRANTED. Background Plaintiff Ruth Chiron (“Plaintiff”) alleges that the 2013 Hyundai Elantra, VIN 5NPDH4AE2D199444 (“subject vehicle”) she purchased fr...

...“[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.’” (Id., quoting California Casualty Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 281.) Courts must apply a policy of great liberality in permitting ame...

  • Hearing

    Feb 20, 2020

LYSA GRIGORIAN VS HAIG PAPAIAN, ET AL.

...surreptitiously operated Exclusively out of the Commerce Club’s administrative offices and the Commerce Club’s address as its own. Papaian and Nguyen caused Exclusively to use the Commerce Club’s logo on promotional materials in order to suggest that Exclusively was a division or affiliate of Commerce. In March 2016, Papaian and Nguyen secretly caused the Commerce Club to enter into an exclusive event catering...

...and will be sustained where the pleading is defective on its face. 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...

  • Hearing

    Feb 20, 2020

KHURANA VS. CITIMORTGAGE

...* Defendant’s motion for summary judgment is granted. The issue conference and trial dates are vacated. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiffs’ counsel for approval as to form. The basis for this ruling is as follows. A. The Pleading Of Plaintiffs’ Complaint. A motion for summary adju...

...complaint.” (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal.4th 1110, 1117-18.) In this context, the courts consider the motion under the same standards applicable to a motion for judgment on the pleadings. (Id.) B. The First And Second Causes of Action. The First and Second Causes of Action are for violation of the Homeowner Bill of Rights (“HBOR”). Specifically, plaintiffs allege that defendant viol...

  • Hearing

    Feb 20, 2020

JORGE RAMOS RAMOS V. CITY OF VALLEJO

Defendant CITY OF VALLEJO’s Motion for Judgment on the Pleadings TENTATIVE RULING Defendant CITY OF VALLEJO moves for judgment on the pleadings on the basis that Plaintiff JORGE RAMOS RAMOS’s first amended complaint does not state facts sufficient to constitute a c...

...action. (Code Civ. Proc. § 438, subd. (c)(1)(B)(ii).) The standard for granting a motion for judgment on the pleadings is essentially the same as that for a general demurrer: whether a party is entitled to judgment as a matter of law. (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205.) In considering such a motion the court may properly accept facts it may judicially notice or that cannot reasonabl...

  • Hearing

    Feb 19, 2020

SKOUMBAS VS. KLAMMCZYNSKA

...TENTATIVE RULING: * Defendants Ronald and Susanne Oznowicz’s motion for judgment on the pleadings is continued to March 25, 2020 so this matter can be heard at the same time as the pending motion for summary judgment and to allow the parties to file supplemental briefs. Plaintiff’s motion for leave to file a third amended complaint is continued from March 18 to March 25, 2020 so that all these matters may be hear...

...are void or voidable acts? 2. If it is voidable, can the defendants here ask that it be void? And if so, can this request be made by a motion for judgment on the pleadings and/or a motion for summary judgment? 3. The Court notes that it did not find Casiopea Bovet, LLC v. Chiang (2017) 12 Cal.App.5th 656 particularly helpful answering the questions above. Can the parties cite cases applying section 23302(...

  • Hearing

    Feb 19, 2020

DE WITTE MORTGAGE INVESTORS FUND, LLC VS ALEX CARDENAS, ET AL.

De witte mortgage investors fund, llc, Plaintiff, vs. sandra carradine, et al., Defendants. Case No.: 19STUD00909 Hearing Date: February 19, 2020 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: MOTION TO AMEND THE ANSWER Background Plaintiff De Witte Mortgage Investors Fund, LLC (“Plaintiff”) filed this unlawful detainer action on January 25, 2019 against Defendants 1565 Haslam, LLC (“Haslam”), L...

...the Property after service of a 90-day notice to quit and deliver up possession. (Compl., ¶¶ 2-5.) Default was entered against Haslam, Wong, Cardenas, Trejo, and LW Asset on March 15, 2019, and default judgment against the same defendants as to possession of the Property was entered on March 18, 2019. On April 4, 2019 Sandra Ann Will Carradine (“Carradine”) filed a Claim of Right to Possession. Carradine cla...

  • Hearing

    Feb 19, 2020

PRIME STAFF, INC. V. ADVANCED INFORMATION MANAGEMENT, LLC

The Court rules as follows on the motion of Judgment Creditor Advanced Information Management, LLC (“AIM”) for assignment order and for order restraining Judgment Debtor Prime Staff, Inc. (“Prime”) – AIM seeks: 1. An order assigning the Judgment Debtor’s interest in accounts receivables and all rights to payment thereunder to the Judgment Creditor to the extent...

...among other things, breach of contract. The complaint has now been dismissed. Only the cross-complaint is still at issue. On 11/7/18, the Court granted Moving Party’s unopposed motion for judgment on the pleadings to the answer, with leave to amend on the ground that cross-defendant, as a corporation, could not represent itself in this action. Cross-defendant was granted ten days leave to amend the answer. Cros...

  • Hearing

    Feb 19, 2020

COVINA OFFICE BUILDING, LLC VS LINGLING WANG

...(19PSCV01014) ______________________________________________________________________________ Defendant Jianbin Yuan’s MOTION TO QUASH SERVICE ON GROUND OF LACK OF IN PERSONAM JURISDICTION Responding Party: Plaintiff, Covina Office Building, LLC Tentative Ruling Defendant Jianbin Yuan’s Motion to Quash Service on Ground of Lack of In Personam Jurisdiction is DENIED as MOOT. Background This is an unlawful detainer action regarding the premises located at 1900 W. Garvey Ave. South #150, Wes...

...entered. Discussion Plaintiff moves the court for judgment on the pleadings against New Century and All Persons. The motion is summarily DENIED as MOOT. The complaint was filed on November 12, 2019. This instant motion was filed by Jianbin Yuan on November 21, 2019. On December 4, 2019, Plaintiff filed an Amendment to Complaint, wherein “Jack Yuan aka Jianbin Yuan” was named in lieu of Doe 1. On January 31, 2020, Pl...

  • Hearing

    Feb 19, 2020

SANCHEZ V. ARIEL TORRES, DMD, INC., ET AL.

... motions for summary judgment and adjudication as to both defendants. To grant judgment on the pleadings, with leave amend, as to Dr. Ariel Torres, as to the entire complaint. To grant judgment on the pleadings, with leave to amend, as to Ariel Torres DMD, Inc., as to the first through fourth causes of action only. A First Amended Complaint consistent with this ruling shall be filed and served within 10 days...

...grant summary adjudication. Defendants’ inclusion of all material facts in the separate statement, in every individual cause of action, is fatal to their motion for summary adjudication. Judgment on the Pleadings as to Dr. Ariel Torres, Individually Plaintiff’s complaint only pleads that the entity defendant was her employer. 6. PLAINTIFF was employed by Defendant ARIEL TORRES DMD, INC. as registered dental as...

  • Hearing

    Feb 18, 2020

GARRY D BRADBERRY VS FCA US LLC,

TENTATIVE RULING Defendant FCA US, LLC (“FCA”) previously filed a motion for judgment on the pleadings on the basis that Plaintiff Garry D. Bradberry’s (“Plaintiff”) fraudulent concealment cause of action is barred under the economic loss doctrine. The Court granted the motion with leave to amend. ...

...claim is barred by the economic loss doctrine, and (2) the claim further fails because Plaintiff failed to allege any affirmative misrepresentation. A. Demurrer. A demurrer typically searches the pleadings for failure to state a material fact or facts sufficient to constitute a cause of action. (McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App. 4th 72, 77; Code Civ. Proc., § 430.10(e).) The s...

  • Hearing

    Feb 18, 2020

VERDUGO V. FRESNO IMAGING

...(Dept. 501) Motion: Motion to Dismiss Tentative Ruling: To grant and dismiss the complaint with prejudice. Defendant shall submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action. (Code Civ. Proc., § 438.) Explanation: On 8/21/19 Fresno Imaging filed a motion for judgment on the pleadings, which motion was granted on 10/23/19. Plaintiff was granted 10 day...

...indicating efforts to serve defendant, but nothing that could be construed as a pleading or complaint. Code of Civil Procedure section 438, subdivision (h)(4)(C) provides in pertinent part, “… if the motion is granted with respect to the entire complaint … with leave to file an amended complaint …, but an amended complaint … is not filed, then after the time to file an amended complaint … has expired, ju...

  • Hearing

    Feb 18, 2020

OGGEL VS. CALIFORNIA DEPARTMENT

...DeNoce and his courtroom rules and procedures, please visit: http://www.denoce.com ______________________________________________ Defendant California Department of Fish and Wildlife's Motion for Summary Judgment or Summary Adjudication on Plaintiff Grant J. Oggel's 2nd Amended Complaint. The court's tentative ruling is as follows: The Court sustains Defendant California Department of Fish and Wildlife's ("C...

...Objections Nos. 1-3 and 6-11, and overrules CDFW's remaining Objections. The Court notes that CDFW's Moving Separate Statement only contains 24 unique Material Facts. For the purposes of the present motion only, the Court finds that (i) CDFW's Material Facts Nos. 2, 5-7, 11-16, 19, 22, and 23 are undisputed and established; (ii) CDFW's Material Fact No. 1 is not genuinely disputed as stated and establis...

  • Hearing

    Feb 18, 2020

AMERICAN EXPRESS V. OCKER

Motion for Judgment on the Pleadings. On August 7, 2019 plaintiff filed an action for common counts of book account and account stated and a cause of action for quantum meruit related to a credit card account. Plaintiff alleges: that def...

...the memorandum of costs was served by mail to plaintiff’s address of record on January 7, 2020. One proof of service in the court’s file declares that on January 28, 2020 the motion for judgment on the pleadings was served on defendant by mail to his address of record. Another proof of service declares that on January 7, 2020 defendant was served the moving papers, and notice of this hearing by mail to his ad...

  • Hearing

    Feb 14, 2020

SAING, SOVANNA VS. FCA US LLC

Plaintiff’s Motion for Issue/Evidentiary Sanctions Against Defendant FCA US LLC for Continuing Failure to Produce its Person Most Knowledgeable Per the Court’s October 10,2018 and September 24,2019 Discovery Order, or i...

...regarding the present status of the settlement prior to the Court’s final determination of the instant motion. CV-18-003871 – JHPDE FINANCE I, LLC VS. PUGA, SILVESTRE – Plaintiff’s Motion for Judgment on the Pleadings – GRANTED, and unopposed. The Court finds that the Complaint states facts sufficient to constitute the stated cause of action against the Defendant, and the Answer does not state facts sufficient to c...

  • Hearing

    Feb 14, 2020

VAN BOI YANG VS IVY YANG HO

TENTATIVE RULING Calendar: 15 Date: 2/14/20 Case No: EC 068630 Trial Date: April 13, 2020 Case Name: Yang v. Ho, et al. MOTIONS TO COMPEL FURTHER RESPONSES TO DISCOVERY (3) Moving Party: Defendant Ivy Yang Ho, individually and as Trustee Responding Party: Plaintiff Van Boi Yang RELIEF REQUESTED: Further Responses to Speci...

...Interrogatories, Set No. One Further Responses to Requests for Production of Documents, Set No. One Order compelling compliance and production of documents plaintiff agreed to produce DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l): ok Reasonable and good faith attempt to resolve informally: ok, Exhibits C-K FACTUAL BACKGROUND Plaintiff Van Boi Yang alleges that Yang is on title as tenant...

  • Hearing

    Feb 14, 2020

WOHLER, JOHN VS. CITY OF MODESTO

Defendant City of Modesto’s Motion for Judgment on the Pleadings – CONTINUED to March 13, 2020, pending judicial reassignment due to recusal under Code of Civil Procedure section 170.1, subdivision (a)(6)(A)(iii).

  • Hearing

    Feb 14, 2020

SOCAL LIEN SOLUTIONS LLC VS TAMMY STARNES, ET AL.

SOCAL LIEN SOLUTIONS LLC; Plaintiff, vs. tAMMY STARNES, et al.; Defendants. Case No.: 19STCV27506 Hearing Date: February 13, 2020 [TENTATIVE] order RE: PLAINTIFF’s motion for JUDGMENT ON THE PLEADINGS to DEFENDANT TAMMY STARNES’S ANSWER; Background On August 5, 2019, Plaintiff SoCal Lien Solutions, LLC, (“Plaintiff”) brought the instant action against Defendants Tammy Starnes, Dynamic Legal Recov...

...January 9, 2020, Plaintiff dismissed the third cause of action and dismissed defendant Dynamic Legal Recovery without prejudice. On the same day, Plaintiff filed the instant motion for judgment on the pleadings challenging Defendant’s answer. On January 30, 2020, Defendant filed an opposition. On February 10, 2020, Plaintiff filed an untimely reply. Timeliness “All papers opposing a motion so noticed shall...

  • Hearing

    Feb 13, 2020

DANIEL MARSHALL VS FILMON.TV NETWORKS INC ET AL

...MARSHALL, Plaintiff, v. FILMON TV NETWORKS INC, et al., Defendants. Case No.: BC689248 Hearing Date: February 13, 2020 [TENTATIVE] order RE: DEFENDANT Filmon tv networks inc’s motion for judgment on the pleadings Background This is a wrongful termination action in which Plaintiff Daniel Marshall (“Plaintiff”) alleges that he was terminated because of his disability and/or medical condition by defendants Film...

...action for retaliation in violation of public policy. On January 29, 2020, Plaintiff filed an opposition. On February 5, 2020, Moving Defendant filed a reply. Legal Standard A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. (CCP § 438(f).) Except as provided by statute, the rules governing demurrers apply. (Civic Partners Sto...

  • Hearing

    Feb 13, 2020

CAPITAL ONE BANK [USA] N A VS MONTES

Plaintiff Capital One Bank (USA), N.A.'s unopposed motion for judgment on the pleadings is granted. The court finds the complaint states facts sufficient to constitute the cause of action pled against Defendant Alma Montes and Defendant's answer fails to state facts sufficient to constit...

...As this motion is unopposed, Defendant fails to present any grounds for allowing leave to amend. The court signs the Order After Hearing on Motion for Judgment on the Pleadings and the Judgment on the Pleadings submitted by Plaintiff. CCP § 438(h)(3).

  • Hearing

    Feb 13, 2020

KRAMER VS GASTON

...and set an OSC re preliminary injunction and a briefing schedule. ROA 20-22. Opposition and reply papers were filed. ROA 27-33, 40-42. The court has reviewed the papers. Scheduled for May 1, 2020 is a motion to compel Kramer to post a bond pursuant to Corporations Code section 800(c). ROA 34-39 2. Applicable Standards. The decision of whether to grant a pendente lite injunction is within the trial court...

...Cal.App.3d 1131, 1134; accord, Unruh-Haxton v. Regents of University of California (2008) 162 Cal.App.4th 343, 364-365. Stated another way, "in order for judicial notice to support a motion for judgment on the pleadings by negating an express allegation of the pleading, the notice must be of something that cannot reasonably be controverted." Columbia Casualty Co. v. Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 45...

  • Hearing

    Feb 13, 2020

SEO VS. PARK

DEF SC&P Resources, Inc. 1. Demurrer to Amended Complaint 2. Motion to Strike DEF Yung Ki Park 3. Demurrer to Amended Complaint 4. Motion to Strike 5. Status Conference (1) And (3) DEMURRERS Defendant SC&P, Resources, Inc.’s (“SC&P”) demurrer to Plaintiff Youngjin Seo’s Second Amended Complaint (“SAC”) is sustained in its entirety with ...

...declines to continue the hearing. However, in the interests of judicial efficiency, the Court is allowing Plaintiff 45 days leave to amend, so that he will have the benefit of the Court’s ruling on the motion for leave to file a Third Amended Complaint, and can incorporate both rulings into a single amended pleading. Both Defendants’ requests for judicial notice are granted. 3rd cause of action for convers...

  • Hearing

    Feb 13, 2020

JUANA ROMAN, A INDIVIDUAL, ET AL. VS BRANDON WONG, AN INDIVIDUAL, ET AL.

...Matter#1 TENTATIVE ORDER Defendants Tatum and Trios Capital’s motion for judgment on the pleadings is DENIED. Plaintiff to give NOTICE. Defendants Tatum and Trios Capital move for judgment on the pleadings on the ground that the 1st – 3rd and 5th – 6th causes of action fail to state facts sufficient to constitute a cause of action. Complaint This Undue Influence action is brought by Plaintiffs Juana R...

...alleges resulting damages. Tatum and Trios Capital contend they are not partners with Defendant Wong and were not involved in any dealings whatsoever with Wong. However, a motion for judgment on the pleadings accept as true all material factual allegations of the challenged pleading, unless contrary to law or to facts of which a court may take judicial notice. (Mechanical Contractors Assn. v. Greater Bay A...

  • Hearing

    Feb 11, 2020

OVERLAND DIRECT INC VS. ESOLA CAPITAL INVESTMENT LLC

The Motion (ROA # 990) of Defendant Wells Fargo National Association, Inc. ("Wells Fargo") for an Order granting Judgment on the Pleadings to the First Cause of Action to quiet title, Second Cause of Action for declaratory relief, and Third Cause of Action for Cancelation of Instrument in the Second Amended Complaint ("SAC") in the conso...

...in the "Friar" action, the previous Motion did not raise the same issue. Plaintiff fails to cite authority barring successive JOP motions such that the Court will address the substantive merits of this Motion. "Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or incumbrancer who in good faith and for a va...

  • Hearing

    Feb 11, 2020

OVERLAND DIRECT INC VS. ESOLA CAPITAL INVESTMENT LLC

The Motion (ROA # 990) of Defendant Wells Fargo National Association, Inc. ("Wells Fargo") for an Order granting Judgment on the Pleadings to the First Cause of Action to quiet title, Second Cause of Action for declaratory relief, and Third Cause of Action for Cancelation of Instrument in the Second Amended Complaint ("SAC") in the conso...

...in the "Friar" action, the previous Motion did not raise the same issue. Plaintiff fails to cite authority barring successive JOP motions such that the Court will address the substantive merits of this Motion. "Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or incumbrancer who in good faith and for a va...

  • Hearing

    Feb 11, 2020

EDDIE URQUIZA VS BMW OF NORTH AMERICA LLC

...Urquiza TRIAL DATE: None PROOF OF SERVICE: OK PROCEEDING: Defendant’s Motion for Judgment on the Pleadings OPPOSITION: January 28, 2020 REPLY: January 31, 2020 TENTATIVE: BMW’s motion for judgment on the pleadings is GRANTED. Plaintiff is given leave to amend within 30 days of this date. Moving party’s counsel to give notice. This is a lemon law action arising out of Plaintiff, Eddie Urquiza (“Plaintiff”)’s pu...

...statute, the rules governing demurrers govern motions for judgment on the pleadings. (Cloud v. Northrup Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) Therefore, the grounds for a motion for judgment on the pleadings must be apparent from either the face of the complaint or a matter of which the court may take judicial notice. (Ibid.) The court accepts the truth of all material facts properly pleaded, but not the ...

  • Hearing

    Feb 10, 2020

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