Judge: Matthew C. Braner, Case: 37-2023-00012802-CU-PO-CTL, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 31, 2023

09/01/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00012802-CU-PO-CTL ASHFORD VS CASE [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Linda Case's motion for judgment on the pleadings is CONTINUED to October 13, 2024, at 9:00 a.m. in this department.

'Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone 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.' (Code Civ. Proc., § 439, subd. (a).) Here, Defendant made no effort whatsoever to meet and confer with Plaintiff Burk Ashford prior to filing her motion for judgment on the pleadings. As such, the matter is continued so that the meet and confer requirement can be met.

The court notes that Plaintiff's other procedural arguments are without merit. First, although it appears Defendant failed to serve her answer to the complaint on Plaintiff, an answer is on file, so any attempt to default Defendant would be improper, and the filing would likely be immediately rejected. Second, a motion for judgment on the pleadings is not comparable to a motion for summary judgment and does not require the filing of a separate statement. Indeed, a separate statement setting forth material facts is utterly contrary to motions for judgment on the pleadings, which can only be grounded on allegations that 'appear on the face of the challenge pleading or from any matter of which the court is required to take judicial notice.' (Code Civ. Proc., § 438, subd. (d).) Calendar No.: Event ID:  TENTATIVE RULINGS

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