PRETRIAL ADJUDICATION
...Judgment on the Pleadings
......Leave to Amend Defective Pleading
 15 Cards On This Topic:
  • Motion for judgment on the pleadings may be granted with or without leave to amend defective pleadings.
  • Party has 30 days to file amended complaint or answer.
  • No abuse of discretion to grant judgment on pleadings without leave to amend where party whose pleadings are attacked repeatedly fails to correct pleading defects.
  • JPld for City reversed as HOs’ assertions supported public nuisance per se and specific injury and they may amend complaint to allege a valid cause of action for public nuisance.
  • Judgment on pleadings reversed where P could amend to state cause of action for retaliation against her for taking medical leave in violation of Cal. Family Rights Act.
  • That prior pleadings contained true, but irrelevant, matters left out of proposed amended complaint does not render it a sham where amended complaint based on same general set of underlying material facts.
  • Denial of leave to amend after motion for judgment on pleadings granted is abuse of discretion unless pleading shows on face it cannot be amended.
  • For timing of amendment after nonstatutory motion for JP, demurrer rules applied. Code Civ. Proc. §438 now mandates 30 days to file amended pleading.
  • Court has discretion to allow or deny amendments; failure of proposed amend. to state facts sufficient to constitute cause of action is grounds for denying motion to amend.
  • Where P offered no explanation for pleading inconsistent theories, court within discretion in concluding original cause of action was sham.
  • Leave to amend not required when party seeking to correct deficient pleading fails to request it at hearing on motion to dismiss, and likelihood of correction remote.
  • Trial ct. should routinely grant leave to amend defective pleading where it has previously been upheld against a general demurrer.
  • D’s failure to appear & argue against demurrer or motion for judg. on pldgs, or request leave to amend, not waiver of right to amend answer if it seems defect can be corrected.
  • Where ct. orders judgment on the pleading sua sponte, error to deprive Ds of opportunity to amend answer so as to raise triable issue of fact.
  • Cases discussing leave to amend defective pleadings.


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