PRETRIAL ADJUDICATION
...Judgment on the Pleadings
......Effect & Timing
10 Cards On This Topic:

P moves, D has already answered and time for P to demur to answer expired; D moves, has already answered and time for D to demur to complaint expired.

May make motion even though movant demurred to complaint or answer and demurrer overruled, provided there was material change in applicable case law or statute since ruling on demurrer.

Motion for judgment on pleadings cannot be made after entry of pretrial conference order or 30 days before initial trial date, whichever is later.

Plaintiffs' due process rights violated upon a grant of defendants' motion for JOP after short-noticed Cottle hearing in which plaintiffs failed to make a prima facie showing on their causes of action.

Judgment on pleadings for H reversed as judgment that is on appeal is not "final" for purposes of applying the doctrines of claim and issue preclusion.

Judgment on pleadings properly granted D after complaint voided for failure to pay fees where statute of limitations ran and P did not state elements for equitable tolling.

Motion for judgment on pleadings may be made at any time either prior to or at trial itself, even when general demurrer overruled and previous JPs denied.

On a motion for judgment on the pleadings, the complaint cannot be attacked by reference to matters set forth in the answer.

Motion for judgment on pleadings may only be made on grounds previously raised by demurrer if material change in case law or statute since time for demurrer.

Ct’s grant of motion in limine for nonsuit, though irregular, not procedurally improper, and not judgment on pleadings requiring material change in law or statute; look to ct’s inherent equitable powers.