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(A) 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. (c) (1) The motion provided for in this section may only be made on one of the following grounds: (2) The court may upon its own motion grant a motion for judgment on the pleadings. “(b) (1) A party may move for judgment on the pleadings.
Motion for judgment on the pleadings code#
Statutory motion for judgment on the pleadings in California.Ī statutory motion for judgment on the pleadings in California is authorized by the provisions of Code of Civil Procedure § 438 which states in pertinent part that, It should be noted however that a motion for judgment on the pleadings may not be made on the grounds of uncertainty or any other ground for a special demurrer.
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Except as provided by California law or statute, the rules governing demurrers apply. A motion for judgment on the pleadings in California is the topic of this blog post.Ī motion for judgment on the pleadings in California may be filed by either a plaintiff or a defendant.Ī motion for judgment on the pleadings is analogous to a general demurrer but one of the advantages of filing a motion for judgment on the pleadings in California is that it can be filed even after the time for filing a demurrer has expired.