This sample California motion for judgment on the pleadings for California is for a plaintiff who contends that the answer filed by a defendant fails to state enough facts to constitute a defense to the complaint. The sample document on which this preview is based has been revised and updated in July 2017, is 34 pages long and includes a table of contents and table of authorities, memorandum of points and authorities and a proof of service by mail. The sample document is sold on scribd.com by LegalDocsPro.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney of Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
Any Defendant, and DOES 1-5
Defendants.
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Case No.
NOTICE OF MOTION AND MOTION FOR
JUDGMENT ON THE PLEADINGS;
MEMORANDUM OF POINTS AND
AUTHORITIES
DATE:
TIME:
DEPT:
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Judgment-on-the-Pleadings-for-Plaintiff
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS

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1 1TO DEFENDANT ______________________, AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on __________________, at _____.M., or as soon after that as
the matter can be heard, Department, ___ of the above-entitled court located at
_____________________________________________, plaintiff will and does move this Court for
Judgment on the Pleadings as to the answer of defendant _______________________ in its entirety
and to each affirmative defense contained therein to the complaint of plaintiff on the grounds that the
complaint of plaintiff and each cause of action contained therein states facts sufficient to constitute a
cause of action against defendants, and the answer as a whole and none of the affirmative defenses in
the answer state sufficient facts to constitute a defense to the complaint, or any cause of action
contained therein.
The Motion shall be based on this Notice and the attached Motion for Judgment on the
pleadings, the attached Memorandum of Points and Authorities, on the complete files and records of
this action, and on such other oral and/or documentary evidence as may be presented at the hearing
on the Motion.
Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS

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PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE ANSWER
BY DEFENDANTS ______________________________.
Plaintiff, ________________________ hereby moves this Court for judgment on the
pleadings as to defendant’s Answer to the complaint of plaintiff as a whole as well as to the 1st
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affirmative defenses in defendant’s answer
to the complaint of plaintiff as follows:
THE ANSWER OF DEFENDANTS AS A WHOLE
1. Plaintiff hereby moves this Court for judgment on the pleadings as to the entirety
of defendant’s Answer on the grounds that the complaint of plaintiff and each cause of action
contained therein states facts sufficient to constitute a cause of action against defendants and
defendant’s Answer as a whole fails to state sufficient facts to constitute a defense to the complaint,
or to any of the causes of action therein. Code of Civil Procedure § 438(c).
FIRST AFFIRMATIVE DEFENSE
2. The first affirmative defense that the complaint fails to state a cause of action against
any Defendant, as pled in Defendants Answer (“Answer”) on file herein, fails to state sufficient facts
to constitute a defense to the Complaint, or to any of the causes of action therein. Code of Civil
Procedure § 438(c).
3. The complaint of plaintiff and each cause of action contained therein states facts
sufficient to constitute a cause of action against defendants. Code of Civil Procedure § 438(c).
SECOND AFFIRMATIVE DEFENSE
4. The second affirmative defense that the Complaint, and each cause of action therein, is
barred by the applicable statute of limitations, as pled in Defendant’s Answer on file herein, fails to
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS

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state sufficient facts to constitute a defense to the Complaint, or to any of the causes of action therein.
Code of Civil Procedure § 438(c).
5. The complaint of plaintiff and each cause of action contained therein states facts
sufficient to constitute a cause of action against defendants. Code of Civil Procedure § 438(c).
Dated________________ _______________________________________________
ANY PARTY
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
ARGUMENT
A. THE COURT HAS AUTHORITY TO GRANT THIS MOTION FOR JUDGMENT
ON THE PLEADINGS AS TO EACH AND EVERY AFFIRMATIVE DEFENSE IN
DEFENDANTS ANSWER
California Code of Civil Procedure § 438 states in pertinent part that, “A party may move for
judgment on the pleadings on the following grounds, if the moving party is a plaintiff, 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.”
A motion for judgment on the pleadings has the same function as a general demurrer but can
be made after the time for demurrer has expired. Except as provided by statute, the rules governing
demurrers apply. See Cloud v. Northrop Grumman Corp. (1998) 67 Cal. pp. 4th 995, 999. (Citing
text).
Thus, the rules for pleading that are so commonly used in demurrers to complaints are also
applicable to motions for judgment on the pleadings directed to a complaint as well as demurrers to
answers. Butler vs. Wyman, (1933) 128 Cal.App. 736, 740 ("It is a cardinal rule of pleading that
every statement of fact must be direct and certain and not by way of inference"). Significantly, a
pleading must allege facts and not mere conclusions.
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS

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MEMORANDUM OF POINTS AND AUTHORITIES
I.
ARGUMENT
A. THE COURT HAS AUTHORITY TO GRANT THIS MOTION FOR JUDGMENT
ON THE PLEADINGS AS TO EACH AND EVERY AFFIRMATIVE DEFENSE IN
DEFENDANTS ANSWER
California Code of Civil Procedure § 438 states in pertinent part that, “A party may move for
judgment on the pleadings on the following grounds, if the moving party is a plaintiff, 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.”
A motion for judgment on the pleadings has the same function as a general demurrer but can
be made after the time for demurrer has expired. Except as provided by statute, the rules governing
demurrers apply. See Cloud v. Northrop Grumman Corp. (1998) 67 Cal. pp. 4th 995, 999. (Citing
text).
Thus, the rules for pleading that are so commonly used in demurrers to complaints are also
applicable to motions for judgment on the pleadings directed to a complaint as well as demurrers to
answers. Butler vs. Wyman, (1933) 128 Cal.App. 736, 740 ("It is a cardinal rule of pleading that
every statement of fact must be direct and certain and not by way of inference"). Significantly, a
pleading must allege facts and not mere conclusions.
If you like this sample document please visit theFacebook page for
LegalDocsPro at: http://www.facebook.com/LegalDocsPro and give it a
like.
- 5 -
NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS