PRETRIAL ADJUDICATION
...Judgment on the Pleadings
......Other Motions Compared
11 Cards On This Topic:

Motion for JP attacks failure of pleading to state cause of action; declaratory relief asks for judgment declaring parties’ rights based on complaint’s factual allegations.

Sufficiency of complaint against demurrer is whether facts suggest P entitled to any relief; judgment on pleadings tests whether complaint states facts sufficient to constitute cause of action.

Although motion for summary judgment may effectively operate as motion for judgment on the pleadings, grounds for the latter are same as for general demurrer.

Where complaint for decl. relief can be determined as matter of law, it can be disposed of either by sustaining demurrer without leave or by judgment on pleadings.

Motion for judgment on pleadings and general demurrer substantially similar; same rules apply to ruling on both motions.

Judgment on pleadings is nonstatutory motion with purpose and effect of a general demurrer; same rules apply and D must show complaint fails to state cause of action.

Summary judgment and judgment on pleadings compared.

SJ determines whether triable issues of fact raised; judgment on pleadings raises issue of whether complaint states cause of action, raising legal, not factual issue.

Care should be taken to distinguish sufficiency of pleadings from sufficiency of evidence. On summary judgment, pleadings always define issues.

Motion for judgment on pleadings based on extrinsic evidence properly subject to judicial notice. Motion to dismiss cannot be based on extrinsic evidence; must meet SJ requirements.

Objection to introduction of evidence is identical with motion for judgment on pleadings in that objector seeks to end trial and obtain favorable judgment.