22CV02329
LYMAN GROUP DBA GROW WEST 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.
Plaintiff did not file a Declaration re: Compliance with Meet and Confer Requirement.
The same meet and confer process for filing a demurrer or a motion to strike must be
followed before filing a motion for judgment on the pleadings under Code of Civil Procedure §
438. (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) § 7:309; Code of
Civil Procedure § 439.) Before a statutory motion for judgment on the pleadings, moving party’s
counsel must meet and confer, in person or by tele