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Defendants opposition to a motion for judgment on the pleadings in California

by Stan Burman

A Defendants opposition to a motion for judgment on the pleadings in California is the topic of this blog post.  

A defendants opposition to a motion for judgment on the pleadings in California must be filed at least nine (9) court days before the hearing and should be served by personal delivery or overnight mail under the provisions of Code of Civil Procedure section 1005.

If you are a defendant in California litigation and have been served with a motion for judgment on the pleadings in California you need to carefully review the motion to determine the grounds for opposition.

Common grounds for a defendants opposition to a motion for judgment on the pleadings in California.

Common grounds for a defendants opposition to a motion for judgment on the pleadings in California are that,

(1) the complaint of Plaintiff fails to state facts sufficient to constitute a cause of action, and

(2) that the answer raises both material issues and states facts sufficient to constitute a defense to the complaint.

The California Courts of Appeal have stated in several published decisions that when a plaintiff files a motion for judgment on the pleadings directed to an answer they must meet their burden of showing that the complaint states a claim, and that the answer filed by defendant is defective.

Code of Civil Procedure § 438, which governs motions for judgment on the pleadings, expressly codifies that requirement, stating: "If the motion is granted in favor of the plaintiff, it shall be based on the grounds that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint"; see Code of Civil Procedure § 438(c)(3)(A), italics added.

Motions for judgment on the pleadings are disfavored whether filed against an answer or complaint, and leave to amend should be liberally granted if there have been no previous amendments, and that granting leave to amend will not prejudice the moving party as no trial date has yet been set.

The policy in California for over 100 years has been that liberal amendment of pleadings is permitted at any state of the proceeding. Unless a specific statute states otherwise the same basic rules that apply to general demurrers in California apply to motions for judgment on the pleadings.

Sample defendants opposition to a motion for judgment on the pleadings in California for sale.

Attorneys or parties in California that would like to view a portion of a 14 page sample defendants opposition to a motion for judgment on the pleadings in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service sold by the author can see below.

Sample Opposition to Motion for Judgment on the Pleadings in California by Stan Burman on Scribd

 

Attorneys or parties in California that would like more information on a California law and motion litigation document package containing over 95 sample documents including a sample opposition to a motion for judgment on the pleadings can use the link shown below.

https://legaldocspro.myshopify.com/collections/frontpage/products/california-law-and-motion-document-collection

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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