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." But it cannot obtain such a judgment absent the submission of "business records, authenticated through a sworn declaration." Such a declaration cannot be considered in ruling on a motion for judgment on the pleadings. Plaintiff should have attached the sworn declaration to the complaint so that the "other judgment" it now seeks could be entered. With the complaint as it currently stands however, the motion for judgment on the pleadings cannot be granted.
IT IS SO ORDERED.
This ruling is the order of the Court, filed as of this date. No formal order is required.
Hearing Date
February 22, 2018
Type
Rule 3.740 Collections
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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." But it cannot obtain such a judgment absent the submission of "business records, authenticated through a sworn declaration." Such a declaration cannot be considered in ruling on a motion for judgment on the pleadings. Plaintiff should have attached the sworn declaration to the complaint so that the "other judgment" it now seeks could be entered. With the complaint as it currently stands however, the motion for judgment on the pleadings cannot be granted.
IT IS SO ORDERED.
This ruling is the order of the Court, filed as of this date. No formal order is required.