Unlawful Detainer Motion for Judgment on the Pleadings in California Under CCP 438

 

California Code of Civil Procedure section 438 allows a party to make a motion for judgment on the pleadings in an eviction case before the actual trial. CCP 438 also allows the court to make the motion on its own.

The plaintiff (landlord) can make a motion for judgment on the pleadings if:

  • The complaint states a cause of action and the answer does not state facts sufficient to constitute a defense.

The defendant (tenant) can make a motion for judgment on the pleadings if:

  • The court does not have subject matter jurisdiction, or
  • The complaint does not state a cause of action

Landlords can sometimes obtain a judgment by this method instead of proceeding to a trial. This may reduce added cost, especially if the tenant has demanded a jury trial.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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