1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Any Attorney or Party
Any Street
Any Town, CA 5...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 1TO DEFENDANT ______________________, AND THE...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADING...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
state sufficient facts to constitute a defense ...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES
I.
ARGUMEN...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES
I.
ARGUMEN...
Upcoming SlideShare
Loading in …5
×

Sample California motion for judgment on the pleadings for plaintiff

4,007 views

Published on

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 is 13 pages long and includes a memorandum of points and authorities and a proof of service by mail. The sample document is sold on scribd.com by LegalDocsPro.

Published in: Business, Technology
0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
4,007
On SlideShare
0
From Embeds
0
Number of Embeds
18
Actions
Shares
0
Downloads
2
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide

Sample California motion for judgment on the pleadings for plaintiff

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS; MEMORANDUM OF POINTS AND AUTHORITIES DATE: TIME: DEPT: To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove these notices before using this document. To purchase and download the entire sample document visit: http://www.scribd.com/doc/27243973/Sample-Motion-for- Judgment-on-the-Pleadings-for-Plaintiff - 1 - NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 - 2 - NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th , 9th , 10th , 11th , 12th , 13th , 14th , and15th 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 - 3 - NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
  4. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 - 4 - NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
  5. 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
  6. 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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

×