Judge: Marcella O. Mclaughlin, Case: 37-2023-00031932-CU-FR-CTL, Date: 2023-11-30 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 29, 2023

11/30/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2023-00031932-CU-FR-CTL JENKINS VS A&B EXCAVATING LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Judgment on the Pleadings, 10/30/2023

Plaintiffs' unopposed motion for judgment on the pleadings is DENIED.

A. Plaintiffs' request for judicial notice is granted. Evid. Code § 452(c), (d). However, '[t]aking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.' Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.

B. Turning to the merits, 'a plaintiff is not entitled to judgment on the pleadings if the answer presents any issue as to the material allegations of the complaint, or if it sets up affirmative matter constituting a defense.' Grant v. Aerodraulics Co. (1949) 91 Cal.App.2d 68, 72. Such is the case here.

In their answers, defendants denied the allegations in paragraphs 8-10 and 13-16. The court must accept these denials as true. People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 499.

While the judicially noticeable documents may negate some of the denials, there are several allegations in the complaint that remain disputed. (See, e.g., Complaint at ¶¶ 9, 15-17). Accordingly, judgment cannot be entered in plaintiffs' favor on the basis of the pleadings. See Cortez v. Weymouth (1965) 235 Cal.App.2d 140, 150 ('Whether or not fraud exists...is ordinarily a question of fact for the fact-finding entity.').

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