Judge: Richard S. Whitney, Case: 37-2022-00007865-CU-OR-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2022-00007865-CU-OR-CTL SUPREME PAINTERS INC VS CAMBEROS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: CROSS-COMPLAINANTS' UNOPPOSED MOTION FOR JUDGMENT ON THE PLEADINGS ON CROSS-COMPLAINT is GRANTED.

Defendants and Cross-Complainants PENNYMAC LOAN SERVICES, LLC and GOVERNMENT NATIONAL MORTGAGE ASSOCIATION ('Cross-Complainants') seek a judgment on the one cause of action in their cross-complaint against Plaintiff SUPREME PAINTERS, INC. ('Plaintiff'), and the defaulted defendants, the homeowners, for declaratory relief. 'A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.' (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) 'Such motion may be made on the same ground as those supporting a general demurrer.' (Id.) 'Because a motion for judgment on the pleadings is the functional equivalent of a general demurrer, the same rules apply.' (Hightower v. Farmers Ins. Exchange (1995) 38 Cal.App.4th 853, 858.) Cross-Complainants' requests for judicial notice are granted to the extent permitted.

(Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) Failure to file opposition to the motion indicates other parties' acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Plaintiff does not dispute the facts, both in the pleadings and those judicially noticed, that support the Deed of Trust is a superior lien to the mechanic's lien. The unopposed motion is granted.

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