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?
A: The standards for a demurrer are not the same for MSJ or MJOP.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.