BC670377 Effiong, et al. v. Capital One Bank, et al.
Defendants Sherie Howard’s and Lydell Howard’s Motion for Judgment on the Pleadings
TENTATIVE RULING: The motion is granted without leave to amend
Motion for Judgment on the Pleadings
“The grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice.” (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion for judgment on the pleadings, courts consider whether properly pled factual allegations, assumed to be true and liberally construed, are sufficient to constitute a cause of action. (Stone Street Capital, LLC v. Cal. State Lottery Com'
Hearing Date
April 30, 2019
Type
Mortgage Foreclosure (General Jurisdiction)
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BC670377 Effiong, et al. v. Capital One Bank, et al.
Defendants Sherie Howard’s and Lydell Howard’s Motion for Judgment on the Pleadings
TENTATIVE RULING: The motion is granted without leave to amend
Motion for Judgment on the Pleadings
“The grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice.” (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion for judgment on the pleadings, courts consider whether properly pled factual allegations, assumed to be true and liberally construed, are sufficient to constitute a cause of action. (Stone Street Capital, LLC v. Cal. State Lottery Com'