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Opposing a motion for judgment on the pleadings in California

Opposing a motion for judgment on the pleadings in California is the topic of this blog post. If you have been served with a motion for judgment on the pleadings you need to serve and file your opposition at least nine (9) court days before the hearing under the provisions of Code of Civil Procedure section 1005.

If you have been served with a motion for judgment on the pleadings in California you need to carefully review the motion to determine the grounds for opposition.

Common grounds for opposing a motion for judgment on the pleadings include that the answer or complaint contained erroneous statements or admissions, that the answer or complaint does state facts sufficient to constitute causes of action or affirmative defenses, that motions for judgment on the pleadings are disfavored whether filed against an answer or complaint, and that leave to amend should be liberally granted if there have been no previous amendments, and that granting leave to amend will not prejudice the moving party as no trial date has yet been set.

The policy in California for over 100 years has been that liberal amendment of pleadings is permitted at any state of the proceeding. Unless a specific statute states otherwise the same basic rules that apply to general demurrers in California apply to motions for judgment on the pleadings.

Attorneys or parties in California that would like to view a portion of a 10 page sample opposition to a motion for judgment on the pleadings containing brief instructions, a memorandum of points and authorities and proof of service sold by the author can see below.

 

Attorneys or parties in California that would like more information on a California law and motion litigation document package containing over 55 sample documents including a sample opposition to a motion for judgment on the pleadings can use the link shown below.

California law and motion litigation document package

The author of this article, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

View legal document packages for sale at: http://www.legaldocspro.net

Subscribe to my weekly newsletter with legal tips and tricks for California. http://www.legaldocspro.net/newsletter.htm

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

You can view portions of over 300 sample legal documents for California and Federal litigation at http://www.scribd.com/LegalDocsPro

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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