HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS

FILED BY TIFFANY M. WELTER

* TENTATIVE RULING: *

Defendant’s motion for judgment on the pleadings is granted without leave to amend, and this case is dismissed in its entirety. Defendant may seek costs in ordinary course.

Defendant asserts that plaintiff’s opposition is untimely because it had to have been filed before the previously set hearing date on this motion. The point of granting an extension to plaintiff was to give her more time to file the opposition. The Court has accordingly considered it. But it fails to persuade.

At the outset, plaintiff correctly points out that the several theories argued in the motion are affirmative defenses, which must be alleged in defendant’s answer. Defendant’s answer (filed in pro per) does not expressly allege any of these theories. As the present motion clearly seeks to adduce these defenses and plaintiff is now obviously apprised of them, however, the Court chooses to treat the motion as im