Legal Question in Civil Litigation in California

Re: Motion for judgment of pleadings

Oppositions to motions generally must be filed and served 10 days before the hearing date.

However, there is no "form" to respond to that type of motion. You need to argue legal principles (i.e., code provisions and case law) and apply those to your particular facts. This type of work is one the primary duties of an attorney.

Also, it is very unusual for a plaintiff to file a motion for judgment on the pleadings.

If you are facing significant financial exposure, you should retain an attorney.

Re: Motion for judgment of pleadings

This motion will resolve the case against you if it is successful. If you do nothing else, pay a lawyer to review the pleadings and the motion and to draft your opposition in your name.

If you want our assistance, call.

Re: Motion for judgment of pleadings

Thanks for your posting.

The time to file an response to almost any motion is 10 days before the hearing date. It also has to be served on opposing counsel with a proof of service attached. There are no california state or la superior court forms, as this is a researched and written motion, with supporting declarations, and evidence, and a discussion of the applicable law, for the judge to decide.

As you can tell from the responses so far, we are all unanimous on one point -- get an attorney to help you. Unfortunately, motion responses filed by defendants representing themselves rarely get treated with respect, and are often unsuccessful.

I hope this answer helps, but if you need anything further, or have other questions, please feel free to email me directly at [email protected]. Best of luck.

Re: Motion for judgment of pleadings

You have to write a motion with memorandum points and authorities in opposition to their motion. If you do not oppose their motion...no matter how frivolous their motion is... it could be granted. Motion for Judgment on the pleading normally brought by defendant to knock out a case. I am suprised that the plaintiff is doing that. I am sure she/he is also pro per like you !!!

Re: Motion for judgment of pleadings

There are no forms, the Opposition is individually drafted. You need an attorney, or a quick law school education. Call someone local to you for help.