Sample Motion for Judgment on the Pleadings for Plaintiff in California by LegalDocsPro

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									 1   Any Plaintiff
     Any Street
 2   Any Town, CA 55555

 3   714-555-5555

 4   Plaintiff, In Pro Per

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 8                                   Superior Court of the State of California

 9                                    For the County of _________________

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11   Any Plaintiff,                                   )   Case No.
                                                      )
12                     Plaintiff,                     )   NOTICE OF MOTION AND MOTION FOR
                                                      )   JUDGMENT ON THE PLEADINGS;
13            vs.                                     )   MEMORANDUM OF POINTS AND
                                                      )   AUTHORITIES
14   Any Defendant, and DOES 1-5                      )
                                                      )
15                     Defendants.                    )
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                                                      )
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18            TO DEFENDANT ______________________, AND THEIR ATTORNEYS OF RECORD:
19            PLEASE TAKE NOTICE that on __________________, at 9:00 A.M., or as soon after that
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     as the matter can be heard, Department, ___ of the above-entitled court located at
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     _____________________________________________, plaintiff will and does move this Court for
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23   Judgment on the Pleadings as to the answer of defendant _______________________ in its entirety

24   and to each affirmative defense contained therein to the complaint of plaintiff on the grounds that the
25   complaint of plaintiff and each cause of action contained therein states facts sufficient to constitute a
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     cause of action against defendants, and the answer as a whole and none of the affirmative defenses in
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                       NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1   the answer state sufficient facts to constitute a defense to the complaint, or any cause of action

 2   contained therein.
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             The Motion shall be based on this Notice and the attached Motion for Judgment on the
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     pleadings, the attached Memorandum of Points and Authorities, on the complete files and records of
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     this action, and on such other oral and/or documentary evidence as may be presented at the hearing
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 7   on the Motion.

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     Dated________________                 _______________________________________________
10                                         ANY PARTY

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                                                - 2 -
                      NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1    PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE ANSWER

 2                          BY DEFENDANTS ______________________________.
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             Plaintiff, ________________________ hereby moves this Court for judgment on the
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     pleadings as to defendant’s Answer to the complaint of plaintiff as a whole as well as to the 1st, 2nd,
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     3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and15th affirmative defenses in defendant’s
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 7   answer to the complaint of plaintiff as follows:

 8                             THE ANSWER OF DEFENDANTS AS A WHOLE
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             1.       Plaintiff hereby moves this Court for judgment on the pleadings as to the entirety
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     of defendant’s Answer on the grounds that the complaint of plaintiff and each cause of action
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     contained therein states facts sufficient to constitute a cause of action against defendants and
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13   defendant’s Answer as a whole fails to state sufficient facts to constitute a defense to the complaint,

14   or to any of the causes of action therein. Cal. Civ. Proc. Code § 438(c).
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                                         FIRST AFFIRMATIVE DEFENSE
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             2.       The first affirmative defense that the complaint fails to state a cause of action against
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     any Defendant, as pled in Defendants Answer (“Answer”) on file herein, fails to state sufficient facts
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19   to constitute a defense to the Complaint, or to any of the causes of action therein. Cal. Civ. Proc.

20   Code § 438(c).
21           3.       The complaint of plaintiff and each cause of action contained therein states facts
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     sufficient to constitute a cause of action against defendants. Cal. Civ. Proc. Code § 438(c). (West
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     Supp. 2008).
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25                                     SECOND AFFIRMATIVE DEFENSE

26           4.       The second affirmative defense that the Complaint, and each cause of action therein, is
27   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
 1   state sufficient facts to constitute a defense to the Complaint, or to any of the causes of action therein.

 2   Cal. Civ. Proc. Code § 438(c)..
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            5.      The complaint of plaintiff and each cause of action contained therein states facts
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     sufficient to constitute a cause of action against defendants. Cal. Civ. Proc. Code § 438(c).
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                                       THIRD AFFIRMATIVE DEFENSE
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 7          6.      The third affirmative defense based on the doctrine of estoppel, as pled in Defendant’s

 8   Answer fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes
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     of action therein. Cal. Civ. Proc. Code § 438(c)..
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            7.      The complaint of plaintiff and each cause of action contained therein states facts
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     sufficient to constitute a cause of action against defendants. Cal. Civ. Proc. Code § 438(c).
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13                                   FOURTH AFFIRMATIVE DEFENSE

14          8.      The fourth affirmative defense based on the doctrine of waiver, as pled in Defendant’s
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     answer fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes of
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     action therein. Cal. Civ. Proc. Code § 438(c)..
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            9.      The complaint of plaintiff and each cause of action contained therein states facts
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19   sufficient to const
								
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