Tentative Rulings:
Defendant's Motion for Judgement on the Pleadings:
Defendant filed this Motion for Judgement on the Pleading with its Motions in Limine after business hours 5 days before trial. Plaintiff asserts the motion is untimely under CCP section, 438 which requires Motions for Judgment on the Pleadings to be decided before the pretrial conference, or 30 days before trial. This motion was filed after the Trial Readiness Conference and well past 30 days before trial and thus is untimely under CCP section 438. Under CCP section 438, the court does retain discretion to hear such a motion after the time set by statute.
The parties both discussed whether a non-statutory Motion survived the enactment of CCP section 438. The court finds the non-statutory motion still exists under appropriate circumstances and that it was not eliminated by the enactment of CCP section 438. Both parties cited Weil and Brown: Civil Procedure Before Trial in support of their respective positions. The
Hearing Date
September 19, 2019
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
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Tentative Rulings:
Defendant's Motion for Judgement on the Pleadings:
Defendant filed this Motion for Judgement on the Pleading with its Motions in Limine after business hours 5 days before trial. Plaintiff asserts the motion is untimely under CCP section, 438 which requires Motions for Judgment on the Pleadings to be decided before the pretrial conference, or 30 days before trial. This motion was filed after the Trial Readiness Conference and well past 30 days before trial and thus is untimely under CCP section 438. Under CCP section 438, the court does retain discretion to hear such a motion after the time set by statute.
The parties both discussed whether a non-statutory Motion survived the enactment of CCP section 438. The court finds the non-statutory motion still exists under appropriate circumstances and that it was not eliminated by the enactment of CCP section 438. Both parties cited Weil and Brown: Civil Procedure Before Trial in support of their respective positions. The