Motion for Judgment on the Pleadings in California

Motion: Motion for Judgment on the Pleadings Tentative Ruling: To deny plaintiff Financial Credit Network’s Motion for judgment on the pleadings.

Discussion Defendants move for judgment on the pleadings, per CCP § 438, as to Plaintiffs’ entire complaint and all causes of action therein. Defendants’ Motion for Judgment on the Pleadings will be CONTINUED to ___________________. CCP §§ 128 and 439[2].

CASE NO: BC695407 [TENTATIVE] ORDER PLACING MOTION FOR JUDGMENT ON THE PLEADINGS OFF-CALENDAR Dept. 3 1:30 p.m.

Meet and Confer Prior to Motion for Judgment on the Pleadings “(a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.

A motion for judgment on the pleadings does not lie as to a portion of a cause of action. (Id.) “In the case of either a demurrer or a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plaintiff can state a good cause of action.” (Gami v. Mullikin Medical Ctr. (1993) 18 Cal.App.4th 870, 876.) A non-statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v.

Thus there are no grounds for a motion for judgment on the pleadings to the first three causes of action. Wildwood’s & Woods’ Motion for Judgment on the Pleadings: Wildwood and Woods explicitly incorporate their demurrer to the third Amended Complaint into their motion for judgment on the pleadings: “ … there are no restrictions that would not permit a motion for judgment on the pleadings to be allowed and filed.

The Court DENIES Plaintiffs Motion for Judgment on the Pleadings. III. Conclusion Plaintiffs Motion for Judgment on the Pleadings is DENIED.

(3) The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings.

resolve the claims to be raised in the motion for judgment on the pleadings.

Matevosian properly notes that under the constraints of the statute Devries chose for his motion for judgment on the pleadings, his motion is untimely. The Court agrees. III. CONCLUSION Defendant Dan Devries Motion for Judgment on the Pleadings is DENIED.

(3) The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings.

“The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings.

The Court notes that pursuant to Code of Civil Procedure section 439, subdivision (a), [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.

CCP§439(a)(3) states that “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings and that the parties did not reach an agreement resolving the objections raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on

Code of Civil Procedure section 439, subdivision (a) provides that: “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.”

Plaintiff Michael Rojas’ motion for judgment on the pleadings is ordered OFF CALENDER. “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Code Civ. Proc., § 439(a).)

(3) The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings.

(3) The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings.

Motion for Judgment on the Pleadings “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (CCP § 439(a), emphasis added.)

Additionally, a motion for judgment on the pleadings must be accompanied by a meet and confer declaration demonstrating an attempt to meet and confer in person or by telephone, at least five days before the date a motion for judgment on the pleadings is filed. (Code Civ. Proc., § 439, subd. (a).)

Therefore, the Court will continue the hearing on Defendants’ motion for judgment on the pleadings so that the parties may have a chance to meet and confer and resolve the claims raised in the motion for judgment on the pleadings. CONCLUSION Based on the foregoing, Defendants’ Motion for Judgment on the Pleadings is CONTINUED to be determined at the hearing.

A motion for judgment on the pleadings does not lie as to a portion of a cause of action. ( Ibid .) A non-statutory motion for judgment on the pleadings may be made any time before or during trial. ( Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) Because a motion for judgment on the pleadings performs the same function as a general demurrer, the procedures in responding to demurrers similarly apply to motions for judgment on the pleadings. (See, for example, Evinger v.

VIRIDI FARMS et al PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff’s unopposed motion for judgment on the pleadings is continued pursuant to Code of Civil Procedure § 439(a)(2)- failure to meet and confer. Plaintiff has brought a statutory motion for judgment on the pleadings pursuant to Code of Civil Procedure § 438(c)(1)(a) The Court notes that while this motion is unopposed, it is procedurally defective.

VIRIDI FARMS et al PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff’s unopposed motion for judgment on the pleadings is continued pursuant to Code of Civil Procedure § 439(a)(2)- failure to meet and confer. Plaintiff has brought a statutory motion for judgment on the pleadings pursuant to Code of Civil Procedure § 438(c)(1)(a) The Court notes that while this motion is unopposed, it is procedurally defective.

VIRIDI FARMS et al PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff’s unopposed motion for judgment on the pleadings is continued pursuant to Code of Civil Procedure § 439(a)(2)- failure to meet and confer. Plaintiff has brought a statutory motion for judgment on the pleadings pursuant to Code of Civil Procedure § 438(c)(1)(a) The Court notes that while this motion is unopposed, it is procedurally defective.

VIRIDI FARMS et al PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff’s unopposed motion for judgment on the pleadings is continued pursuant to Code of Civil Procedure § 439(a)(2)- failure to meet and confer. Plaintiff has brought a statutory motion for judgment on the pleadings pursuant to Code of Civil Procedure § 438(c)(1)(a) The Court notes that while this motion is unopposed, it is procedurally defective.

VIRIDI FARMS et al PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff’s unopposed motion for judgment on the pleadings is continued pursuant to Code of Civil Procedure § 439(a)(2)- failure to meet and confer. Plaintiff has brought a statutory motion for judgment on the pleadings pursuant to Code of Civil Procedure § 438(c)(1)(a) The Court notes that while this motion is unopposed, it is procedurally defective.

VIRIDI FARMS et al PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff’s unopposed motion for judgment on the pleadings is continued pursuant to Code of Civil Procedure § 439(a)(2)- failure to meet and confer. Plaintiff has brought a statutory motion for judgment on the pleadings pursuant to Code of Civil Procedure § 438(c)(1)(a) The Court notes that while this motion is unopposed, it is procedurally defective.

VIRIDI FARMS et al PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS Plaintiff’s unopposed motion for judgment on the pleadings is continued pursuant to Code of Civil Procedure § 439(a)(2)- failure to meet and confer. Plaintiff has brought a statutory motion for judgment on the pleadings pursuant to Code of Civil Procedure § 438(c)(1)(a) The Court notes that while this motion is unopposed, it is procedurally defective.

The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (a) the means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings; or (b) that the party who filed the pleading subject to the motion for judgment on the pleadings failed to respond

in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining whether an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.

Judgment on the Pleadings TENTATIVE Defendants motion for judgment on the pleadings is DENIED. Plaintiff to give notice. Legal Standard A defendant may move for judgment on the pleadings where the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438(b)(1), 438(c)(1)(B)(i) and 438(c)(1)(B)(ii).)

Based on the foregoing, Levi Estates Request for Judicial Notice and Motion for Judgment on the Pleadings is DENIED as Moot. Conclusion Defendant/Cross-Complainant Levi Estates, LLCs Motion for Judgment on the Pleadings is DENIED as MOOT. Moving party to give notice.¿¿

CONCLUSION Defendant City of Los Angeles Motion for Judgment on the Pleadings is DENIED.

The motion for judgment on the pleadings is therefore granted without leave to amend.

Plaintiff Karen McGill’s Motion for Judgment on the Pleadings is DENIED. Plaintiff moves for judgment on the pleadings on her conversion cause of action against Defendant. Plaintiff contends that she is entitled to judgment in her favor in the amount of $10,324.55. A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (See, e.g., Weil & Brown, Cal.

Defendants moved to proceed with the motion for judgment on the pleadings in spite of the purported bankruptcy stay, and on May 22, 2018, the Court issued an order allowing the motion for judgment on the pleadings to proceed after finding that the automatic bankruptcy stay does not apply to the instant case. Though no opposition to the motion for judgment on the pleadings was filed, on May 21, 2018, Ramirez filed a First Amended Complaint.

Before filing a motion for judgment on the pleadings, “the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.

Also, “[t]he moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on the pleadings failed

CCP§439(a)(3) states that “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings and that the parties did not reach an agreement resolving the objections raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on

CCP§439(a)(3) states that “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings and that the parties did not reach an agreement resolving the objections raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on

CP§439(a)(3) states that “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings and that the parties did not reach an agreement resolving the objections raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on

CCP§439(a)(3) states that “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings and that the parties did not reach an agreement resolving the objections raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on

CCP§439(a)(3) states that “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings and that the parties did not reach an agreement resolving the objections raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on

CCP§439(a)(3) states that “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings and that the parties did not reach an agreement resolving the objections raised by the motion for judgment on the pleadings [or] (B) That the party who filed the pleading subject to the motion for judgment on

A motion for judgment on the pleadings has the same function as a general demurrer. (Id., 7:275.) A statutory judgment on the pleadings can be made by a defendant only on the grounds of lack of jurisdiction or failure to state facts sufficient to constitute a cause of action. (See CCP 438(c)(1)(B).) The same limitation exists for common law motions for judgment on the pleadings.

Motion by Plaintiff Jerome Dunbar Stark for Judgment on the Pleadings: 2. Motion by Plaintiff Jerome Dunbar Stark for Judgment on the Pleadings: 3. Motion by Plaintiff Jerome Dunbar Stark for Judgment on the Pleadings: 4. Motion by Plaintiff Jerome Dunbar Stark for Judgment on the Pleadings: Moot- Jury is deliberating Future Hearings: None

Motion for Judgment on the Pleadings filed by Defendant Orange County Property Management: The Motion for Judgment on the Pleadings brought by Orange County Property Management is DENIED; however, pursuant to C.C.P. §436, the Court orders ¶68 of the First Amended Complaint stricken. Pursuant to C.C.P. §438, a party may move for judgment on the pleadings, on the basis the Complaint does not state facts sufficient to constitute a cause of action. (C.C.P. §438(b)(1) and C.C.P. §438(c)(1)(B)(ii)).

on the pleadings.

on the pleadings.

Additionally, “[t]he moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings, [or] (B) That the party who filed the pleading subject to the motion for judgment on the pleadings

Motion for Judgment on the Pleadings filed by Plaintiff TENTATIVE RULING Petitioner’s motion for judgment on the pleadings is denied. First, there is no proof of service indicating that the petition, the motion papers, or any other papers in this matter were ever properly served on respondent.

Nature of Proceedings: Motion for Judgment on the Pleadings Plaintiff’s motion for judgment on the pleadings is denied. Code of Civil Procedure Section 438(c)(1)(A) provides that a motion for judgment on the pleadings may be made by the plaintiff if the complaint states facts sufficient to constitute a cause of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.

A motion for judgment on the pleadings does not lie as to a portion of a cause of action. (Id.) “In the case of either a demurrer or a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plaintiff can state a good cause of action.” (Gami v. Mullikin Medical Ctr. (1993) 18 Cal.App.4th 870, 876.) A non-statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v.

Because a motion for judgment on the pleadings performs the same function as a general demurrer, the procedures in responding to demurrers similarly apply to motions for judgment on the pleadings. (See, for example, Evinger v. Moran (1910) 14 Cal.App. 328, 329.) II.

“[T]he moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion for judgment on the pleadings.

the pleadings.

the pleadings.

the pleadings.

the pleadings.

Defendants move for judgment on the pleadings as to each cause of action. Timeliness In Opposition, Plaintiffs contend that Defendants motion for judgment on the pleadings is untimely under CCP §438(e). However, as argued by Defendants in their Moving and Reply papers, their Motion is styled as a “common law” motion for judgment on the pleadings. A motion for judgment on the pleadings may be brought under CCP §438 or common law. (See Smiley v. Citibank (1995) 11 Cal.4th 138.)

(3) The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings.

Plaintiff’s motion for judgment on the pleadings as to the answer is DENIED.

If leave to file the motion for judgment on the pleadings was granted today, the earliest date the motion for judgment on the pleadings could be heard on regular notice is December 2, 2017 (if that date is even available in the court reservation system), after the summary judgment moving papers would have to be filed on November 20.

"Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings." (Code Civ. Proc., § 439, subd. (a).)

claims to be raised in the motion for judgment on the pleadings.

Plaintiff Portfolio Recovery Associates, LLC's unopposed motion for judgment on the pleadings is denied. (See CCP § 1788.60(a).) Whether Plaintiff has established admissions on its side or not, it is a debt buyer and, as such, cannot obtain a judgment on the pleadings absent the evidence required by Civil Code section 1788.50 et seq. With this motion for judgment on the pleadings, Plaintiff seeks an "other judgment."

“A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. Presentation of extrinsic evidence is therefore not proper on a motion for judgment on the pleadings.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999 (Citations Omitted).)

Gary Kuhlmann’s Motion for Judgment on the Pleadings TENTATIVE RULING H. Gary Kuhlmann’s Motion for Judgment on the Pleadings is denied, in part, and granted, with 20 days leave to amend, in part. Meet and Confer Defendant set forth a declaration in sufficient compliance with CCP § 439(a). (Decl., Shane E. Coons, ¶¶ 3-6.) Motion for Judgment on the Pleadings 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.

PARTY : Plaintiff Lisa Mak MOTION FOR JUDGMENT ON THE PLEADINGS (CCP § 438) TENTATIVE RULING : Defendants Au AuYeung, Hoa Thai Hoang, Keith Hong, and Ami Lis Motion for Judgment on the Pleadings is DENIED .

Plaintiff moves for judgment on the pleadings. TENTATIVE RULING: Plaintiff Michael Fletcher’s motion for judgment on the pleadings is DENIED. DISCUSSION: Motion For Judgment On The Pleadings Meet and Confer On November 1, 2019, the Court directed the parties to meet and confer on this motion. Plaintiff was also directed to file a supplemental declaration regarding the meet and confer. (Minute Order, 11/1/2019, at p. 2.)

However, the Demurrer is brought pursuant to the statute for judgment on the pleadings, Code of Civil Procedure section 438. (Demurrer, p. 2:1-8.) No opposition has been filed to date. Discussion Whether brought as a general demurrer or motion for judgment on the pleadings, the legal standard is the same. Accordingly, the Court will treat Defendants response as a Motion for Judgment on the Pleadings.

In deciding or reviewing a judgment on the pleadings, all properly pleaded material facts are deemed to be true, as well as all facts that may be implied or inferred from those expressly alleged. ( Fire Ins. Exch. v. Superior Court (2004) 116 Cal.App.4th 446, 452.) A motion for judgment on the pleadings normally does not lie as to a portion of a cause of action.

Defendant/Cross-Complainant Advanced Information Management, LLC’S (AIM) unopposed Motion for Judgment on the Pleadings is DENIED without prejudice. Pursuant to AIM’s notice of motion, moving party moves for judgment on the pleadings pursuant to CCP 438(c)(1)(B)(i).

The defendant who filed the motion for judgment on the pleadings is ordered to meet and confer in person or by telephone with the plaintiffs who filed the complaint, for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the motion for judgment on the pleadings.

Those devices lack the particular party and pleading restrictions section 438 places on motions for judgment on the pleadings. Defendant’s motion for judgment on the pleadings is denied.

Plaintiff Michael Rojas’ Motion for Judgment on the Pleadings is CONTINUED to April 26, 2018. “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Code Civ.

RSL 820 Idaho, LLC et al., Case No. 21STCV24736 Hearing Date June 10, 2022 Defendants Motion for Judgment on the Pleadings Plaintiff tenant alleges various dangerous and/or unsanitary conditions at defendant landlords property. Defendant moves for judgment on the pleadings to strike punitive damages. A defendant is entitled to judgment on the pleadings if the plaintiffs complaint does not state a cause of action and has the same purpose and function as a general demurrer.

The Court DENIES the Motion for Judgment on the Pleadings. C. Conclusion Defendants/Cross-Complainants Motion for Judgment on the Pleadings is DENIED.

Subdivision (a)(3) of CCP §439 states that the moving party must file and serve with the motion for judgment on the pleadings a declaration stating either: (a) the means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the objections raised in the motion for judgment on the pleadings; or (b) that the party who filed the pleading subject to the motion for judgment on

Pursuant to Code of Civil Procedure section 439, subdivision (a), [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.

Meet and Confer “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (CCP § 439(a).)

Notice And Motion For Judgment On The Pleadings Set for hearing on Friday, July 9, 2010, line 1. PLAINTIFFS LEILA YEE, LITTY PAPPACHEN'S Motion For Judgment On The Pleadings. Grant motion for judgment on the pleadings with 10 days leave to amend as to affirmative defenses 2, 4, and 13.

“[T]he moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion for judgment on the pleadings.

"A party moving for judgment on a pleading that has been amended after a motion for judgment on the pleadings on an earlier version of the pleading was granted shall not move for judgment on any portion of the pleadings on grounds that could have been raised by a motion for judgment on the pleadings as to the earlier version of the pleading." CCP § 439(b). Here, defendant has not shown why this second motion for judgment on the pleadings does not run afoul of CCP section 439(b).

.: 19SMCV02159 MOTION: Motion for Judgment on the Pleadings HEARING DATE: 10/28/2022 Legal Standard A defendants motion for judgment on the pleadings may be made after the time to demur has expired and an answer has been filed. (CCP § 438(f).)

Code of Civil Procedure section § 439(a) provides that [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.

“The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings.

On February 14, 2018, Defendants filed a motion for judgment on the pleadings. The court denied this motion on March 14, 2018. On March 23, 2018, Defendants filed the instant motion for judgment on the pleadings.

“The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: [¶] (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings. [¶] (B) That the party who filed the pleading subject to the motion for judgment on the pleadings failed to

As such, Plaintiff is not entitled to judgment on the pleadings. Based on the foregoing, Plaintiffs Motion for Judgment on the Pleadings is DENIED.

MSC18-01210 CASE NAME: SANTOMAURO VS 360 MORTGAGE *HEARING ON MOTION IN RE: FOR JUDGMENT ON THE PLEADINGS MOTION FILED TO/FOR FILED BY: *TENTATIVE RULING:* The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.)

.: BC641199 Hearing Date: March 10, 2017 [TENTATIVE] ORDER RE: JUDGMENT ON THE PLEADINGS BACKGROUND On January 12, 2017, Defendant El Camino Community College District (“Defendant”) filed the present motion for judgment on the pleadings. Defendant argues that judgment on the pleadings should be granted with respect to Plaintiff’s cause of action for General Negligence because Plaintiff fails to state a sufficient cause of action against Defendant, a public entity.

Villasenor’s Motion for Judgment on the Pleadings is TAKEN OFF CALENDAR. “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Code Civ. Proc., § 439(a).)

C/O: 11-03-20 MOTION C/O: 11-18-20 TRIAL DATE: 12-03-20 PROCEEDINGS: MOTION FOR JUDGMENT ON THE PLEADINGS (x2) MOVING PARTY: Plaintiff IDS Property Casualty Insurance Company RESP. PARTY: None MOTION FOR JUDGMENT ON THE PLEADINGS (CCP § 438) TENTATIVE RULING: Plaintiff IDS Property Casualty Insurance Company’s Motions for Judgment on the Pleadings are CONTINUED to OCTOBER 15, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Uncertainty is not a basis for judgment on the pleadings under Code of Civil Procedure section 438. The Motion instead cites Code of Civil Procedure section 430.30, which is the demurrer statute to argue that the rules of demurrers apply to motions for judgment on the pleadings. However, the specific statutory grounds for judgment on the pleadings are distinct from the grounds for demurrer. (See Code Civ. Proc., §§ 430.30, 438.)

The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings.

Pursuant to Code of Civil Procedure section 439, subdivision (a), [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.