Case Number:
20STCV32434
Hearing Date:
May 4, 2021
Dept:
29 ... CONT FROM April 5, 2021 TO ALLOW ARGUMENT TO BE PRESENTED - REQUESTED BY DEFENDANT
Young vs. Pegasus Elite Aviation, Inc.
TENTATIVE
The Motion for Judgment on the Pleadings is DENIED.
Legal Standard
It is well established in California that either prior to trial or at the trial the plaintiff or the defendant may move for judgment on the pleadings and that the appropriate ground for such a motion is the same as that arguable by general demurrer, namely, the failure to state a cause of action or defense. (
Dobbins v. Hardister
(1966) 242 Cal.App.2d 787, 791; See also
Sofias v. Bank of America
(1985) 172 Cal.App.3d 583, 586 [The non statutory motion for judgment on the pleadings can be made at any time, even during trial, since the grounds for a general demurrer are never waived.].)
A motion for judgment on the pleadings performs the same function as a general demurrer, and hence atta
Hearing Date
May 04, 2021
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Case Number:
20STCV32434
Hearing Date:
May 4, 2021
Dept:
29 ... CONT FROM April 5, 2021 TO ALLOW ARGUMENT TO BE PRESENTED - REQUESTED BY DEFENDANT
Young vs. Pegasus Elite Aviation, Inc.
TENTATIVE
The Motion for Judgment on the Pleadings is DENIED.
Legal Standard
It is well established in California that either prior to trial or at the trial the plaintiff or the defendant may move for judgment on the pleadings and that the appropriate ground for such a motion is the same as that arguable by general demurrer, namely, the failure to state a cause of action or defense. (
Dobbins v. Hardister
(1966) 242 Cal.App.2d 787, 791; See also
Sofias v. Bank of America
(1985) 172 Cal.App.3d 583, 586 [The non statutory motion for judgment on the pleadings can be made at any time, even during trial, since the grounds for a general demurrer are never waived.].)
A motion for judgment on the pleadings performs the same function as a general demurrer, and hence atta