HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS

FILED BY RICHARD E. KORB

* TENTATIVE RULING: *

Plaintiff’s motion for judgment on the pleadings (MJOP) is granted in part and conditionally denied in part. Specifically, the motion is granted as to all causes of action other than the third, for fraudulent inducement. However, the motion is denied as to fraudulent inducement, unless plaintiff is willing to drop his request for punitive damages.

Plaintiff’s motion rests on a substantial number of matters that have previously been deemed admitted, as a result of defendant’s repeated and willful failures to respond to requests for admission. Defendant has filed a short opposition (which misidentifies the present motion as one for summary judgment), asserting that there are numerous disputed issues of fact. But defendant, consistent with his prior history of conduct in the case, simply fails to come to grips with the problem that he has been deemed to have admitted the truth of plaintiff’s