Legal Question in Consumer Law in California

Judgment on the Pleadings, with Demurrer, with Motion to Strike

As Defendant, is it possible to move to file a Judgment on the Pleadings motion, along with a Demurrer, and also along with a Motion to Strike?

Basically wondering if it is or can be advantages to file all three or combination of both, and if the law and/or courts allow for this.

If allowed, might it be overkill and frowned upon by the Court to file all three?

The move to file Judgment of the Pleadings would be based upon:

CCP 438(c)(B)(ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.

Input is very much appreciated.


Asked on 5/03/08, 9:37 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Judgment on the Pleadings, with Demurrer, with Motion to Strike

Sometimes defendants do file simultaneous demurrers and motions to strike. See Rutter Group Cal. Civil Procedure Before Trial.

Read more
Answered on 5/03/08, 11:39 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Judgment on the Pleadings, with Demurrer, with Motion to Strike

Sometimes defendants do file simultaneous demurrers and motions to strike. See Rutter Group Cal. Civil Procedure Before Trial.

Read more
Answered on 5/03/08, 11:40 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Judgment on the Pleadings, with Demurrer, with Motion to Strike

Sometimes defendants do file simultaneous demurrers and motions to strike. See Rutter Group Cal. Civil Procedure Before Trial.

Read more
Answered on 5/03/08, 11:43 pm


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