Sample Motion for Judgment on the Pleadings for Eviction Complaint in California

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This sample motion for judgment on the pleadings for 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 3, 2018, is 22 pages and includes brief instructions, a table of contents and 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 freelance paralegal that has worked in California and Federal litigation since 1995 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.