1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) JUDGMENT ON THE PLEADINGS;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5 ) ______________ REGARDING COMPLIANCE
) WITH MEET AND CONFER REQUIREMENTS OF
15 Defendants. ) CODE OF CIVIL PROCEDURE § 439(a)
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
19

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26 TO DEFENDANT ______________________, AND THEIR ATTORNEYS OF RECORD:

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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1 PLEASE TAKE NOTICE that on __________________, at _____.M., or as soon after that as
2 the matter can be heard, Department, ___ of the above-entitled court located at
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_____________________________________________, plaintiff will and does move this Court for
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Judgment on the Pleadings as to the answer of defendant _______________________ in its entirety
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and to each affirmative defense contained therein to the complaint of plaintiff on the grounds that the

7 complaint of plaintiff and each cause of action contained therein states facts sufficient to constitute a

8 cause of action against defendants, and the answer as a whole and none of the affirmative defenses in
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the answer state sufficient facts to constitute a defense to the complaint, or any cause of action
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contained therein.
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The Motion shall be based on this Notice and the attached Motion for Judgment on the
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13 pleadings, the attached Memorandum of Points and Authorities, on the complete files and records of

14 this action, and on such other oral and/or documentary evidence as may be presented at the hearing
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on the Motion.
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Dated________________ _______________________________________________
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Any Attorney or Party
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1

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PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE ANSWER
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BY DEFENDANTS ______________________________.
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Plaintiff, ________________________ hereby moves this Court for judgment on the

7 pleadings as to defendant’s Answer to the complaint of plaintiff as a whole as well as to the 1st, 2nd,

8 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, and15th affirmative defenses in defendant’s answer
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to the complaint of plaintiff as follows:
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THE ANSWER OF DEFENDANTS AS A WHOLE
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1. Plaintiff hereby moves this Court for judgment on the pleadings as to the entirety
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13 of defendant’s Answer on the grounds that the complaint of plaintiff and each cause of action

14 contained therein states facts sufficient to constitute a cause of action against defendants and
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defendant’s Answer as a whole fails to state sufficient facts to constitute a defense to the complaint,
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or to any of the causes of action therein. Code of Civil Procedure § 438(c).
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FIRST AFFIRMATIVE DEFENSE
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19 2. The first affirmative defense that the complaint fails to state a cause of action against

20 any Defendant, as pled in Defendants Answer (“Answer”) on file herein, fails to state sufficient facts
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to constitute a defense to the Complaint, or to any of the causes of action therein. Code of Civil
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Procedure § 438(c).
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3. The complaint of plaintiff and each cause of action contained therein states facts
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25 sufficient to constitute a cause of action against defendants. Code of Civil Procedure § 438(c).

26 SECOND AFFIRMATIVE DEFENSE

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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1 4. The second affirmative defense that the Complaint, and each cause of action therein, is
2 barred by the applicable statute of limitations, as pled in Defendant’s Answer on file herein, fails to
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state sufficient facts to constitute a defense to the Complaint, or to any of the causes of action therein.
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Code of Civil Procedure § 438(c).
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5. The complaint of plaintiff and each cause of action contained therein states facts

7 sufficient to constitute a cause of action against defendants. Code of Civil Procedure § 438(c).

8 THIRD AFFIRMATIVE DEFENSE

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6. The third affirmative defense based on the doctrine of estoppel, as pled in Defendant’s
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Answer fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes
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of action therein. Code of Civil Procedure § 438(c).
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13 7. The complaint of plaintiff and each cause of action contained therein states facts

14 sufficient to constitute a cause of action against defendants. Code of Civil Procedure § 438(c).
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FOURTH AFFIRMATIVE DEFENSE
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8. The fourth affirmative defense based on the doctrine of waiver, as pled in Defendant’s
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answer fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes of
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19 action therein. Code of Civil Procedure § 438(c).

20 9. The complaint of plaintiff and each cause of action contained therein states facts
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sufficient to constitute a cause of action against defendants. Code of Civil Procedure § 438(c).
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FIFTH AFFIRMATIVE DEFENSE
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10. The fifth affirmative defense of the doctrine of laches, as pled in Defendant’s Answer
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25 fails to state sufficient facts to constitute a defense to the Complaint, or to any of the causes of action

26 therein. Code of Civil Procedure § 438(c).

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11. The complaint of plaintiff and each cause of action contained therein states facts
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1 sufficient to constitute a cause of action against defendants. Code of Civil Procedure § 438(c).
2 ///
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS