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Sample motion for judgment on the pleadings for eviction in California.

Sample Motion for Judgment on the Pleadings for Eviction in California. Non-refundable.

$25.99 Sale

Sample motion for judgment on the pleadings for defendant in an eviction in California.  Non-refundable.

Important Change to our 30-day Money Back Guarantee as of March 16, 2024

 

Due to the increasing allegations of fraudulent purchase transactions involving documents specifically designated for the purposes of litigation in eviction and/or unlawful detainer proceedings, we have been forced into choosing whether to continue offering such documents at all to ANYONE, or to declare that they are NON-REFUNDABLE, and are no longer covered by the 30-day money-back guarantee.

 

Consequently we have decided that as of March 16, 2024 at 1:00 am, PDT this specific document, and any other single document specifically listed in the Eviction Defense Collection is hereby NON-REFUNDABLE. To determine if your proposed other documents are NON-REFUNDABLE you will need to review the list of single documents found within the description for the Eviction Defense Collection.

 

YOU HAVE BEEN NOTIFIED!

This sample motion for judgment on the pleadings for a defendant in an unlawful detainer (eviction) complaint in California can be filed even after an answer has been filed.

The motion requests judgment on the pleadings pursuant to Code of Civil Procedure sections 438 and 1177 on the grounds that the defective three-day notice served on Defendant and attached to the complaint will not support an unlawful detainer action as it fails to state a cause of action for unlawful detainer as it

  • (1) does not contain the information required by Code of Civil Procedure section 1161(2),
  • (2) that the three-day notice overstates the amount of rent due as it requests a late charge, and
  • (3) that the three-day notice does not contain the information required by Code of Civil Procedure section 1161[c](3) as it fails to describe with specificity the particular conditions or covenants alleged to have been violated, thus it is fatally defective and will not support an unlawful detainer action.

The sample has been revised and updated on February 2019, is 22 pages and includes,

  • Brief instructions,
  • A table of contents and table of authorities,
  • Memorandum of points and authorities with citations to case law and statutory authority, and
  • Proof of service by mail.

The author 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.

Note that the author is NOT an attorney and no guarantee or warranty is provided.