Asked in Collections for California

Q: Is it proper to file Motion for judgment on the pleading

On a fraudulent transfer case

1. Defendant first filed demurrer, the demurrer is completely overruled by Judge, the overruling affirms all claims against the defendant.

2. Defendant then filed answer.

The answer consists either what she stated in demurrer or what are known as generic “boilerplate” affirmative defenses that lack any specific details to support the defenses,. So I plan to file motion for judgment on the pleading to request that Judgment be awarded for the plaintiff as preyed for in the original complaint. If I am granted the motion for judgment on the pleading, then I won the judgment in the original complaint, right? Is this a short cut to win the judgment?

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1 Lawyer Answer
Joel Gary Selik
Joel Gary Selik
  • Collections Lawyer
  • Las Vegas, NV
  • Licensed in California

A: The standards for a demurrer are not the same for MSJ or MJOP.

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