Moneygram Payment Systems, Inc. v. 97 Cent and MoreDiscount Store

Case No.: 17CECG03540    

Motion: Plaintiff’s Motion for Judgment on the Pleadings
Tentative Ruling:
To deny plaintiff’s motion for judgment on the pleadings as to defendant Andi’s answer. (Code Civ. Proc. § 438.)
Explanation:
Under Code of Civil Procedure section 438, “A party may move for judgment on the pleadings… The motion provided for in this section may only be made on one of the following grounds: (A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc., § 438, subd.’s (b)(1) and (c)(1)(A).)
Here, plaintiff contends that the answer fails to allege any facts to support an affirmative defense to the claims alleged in the complaint, and indeed fails to even set forth any affirmative defenses. However, the answer does include a general denial of all of the allegations in th........