Sample Motion For Judgment On The Pleadings California
Description
How to fill out Sample Letter For Motion For Summary Judgment?
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FAQ
A motion for judgment on the pleadings will occur before the trial and, unlike a motion for summary judgment, does not concern any matters other than what is contained within the pleadings.
(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
Whether a party is a Plaintiff or a Defendant, they may move for a motion for judgment on the pleadings after the time to demur a complaint or answer has expired. See C.C.P. § 438(f)(1)(2).
A motion for judgment on the pleadings is basically a general demurrer, except that there are fewer time constraints. Like a general demurrer, a motion for judgment on the pleadings can address only the defects that appear either on the face of the pleading or of which judicial notice may be taken. CCP §438(d).
