Judge: James A. Mangione, Case: 37-2019-00022654-CU-FR-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2019-00022654-CU-FR-CTL GROUP 3 LLC VS HAPKE [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Defendant Coldwell Banker Residential Brokerage Company's Motion for Judgment on the Pleadings is denied.

California Code of Civil Procedure section 439(a) states in pertinent part: 'Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.' It is undisputed that Defendant made no effort to meet and confer prior to filing this motion.

Defendant's argument concerning a MJOP based on common law versus statutory authority is respectfully rejected. While Section 439(a) applies to motions for judgment on the pleadings made 'pursuant to' CCP § 438, there is no basis in the statute-or practical benefit-for requiring a meet and confer for a statutory MJOP but not for a common law MJOP. 'The common law ground for a motion for judgment on the pleadings is identical to the statutory ground: 'The complaint does not state facts sufficient to constitute a cause of action.'' (Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1055.) The purpose of the meet and confer requirement is also identical whether the MJOP is brought on statutory or common law grounds-to determine if it is possible to resolve the issues raised by the motion.

Therefore, it is appropriate to deny the MJOP on this ground-regardless of whether Defendant brings it as a statutory or common law motion.

Defendant's requests for judicial notice are denied as they are unnecessary to adjudicate this motion.

The minute order is the order of the Court.

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