A motion for judgment on the pleadings determines if, based upon the allegations in the pleadings, the moving party is entitled to judgment.

A plaintiff’s failure to prosecute the action can never be a basis for involuntary dismissal.

Consolidation may be ordered when different actions are pending in different courts.

A plaintiff may file a demurrer to a defendant’s answer.

Dismissal of an action may be voluntary or involuntary.

A voluntary dismissal is without prejudice unless trial has started.

A motion for judgment on the pleadings is brought after the pleadings have closed.

A motion for judgment on the pleadings is made before the pleadings are closed.

A plaintiff has an absolute right to dismiss a complaint anytime before the commencement of trial.

A demurrer attacks the pleadings before an answer is filed.

The motion for judgment on the pleadings differs from a motion to dismiss because a motion to dismiss is brought as a responsive pleading.

There are only two grounds for the filing of a demurrer.

A motion for summary judgment must be accompanied by a separate statement of undisputed facts.

There are only two grounds for the filing of a motion to strike.

The filing of a demurrer does not extend the time in which the defendant has to file an answer.

If a demurrers is overruled, the defendant will have ten days after the ruling on the demurrer to file an answer to the complaint.

A motion for judgment on the pleadings does not take into account extrinsic evidence, as does a motion for summary judgment.

If the demurrer is sustain the plaintiff will need to amend the complaint to correct the defect raised by the demurrer or risk that the complaint will be dismisssed.

A default judgment may be entered by the clerk if the claim is for a specific sum, or a sum that can be computed to a specific amount, and the defendant is not an infant or incompetent.

An involuntary dismissal may be entered at trial where the evidence presented by the plaintiff fails to show that the plaintiff is entitled to any relief.

A motion for summary adjudication of issues is appropriate only if all causes of action can be disposed of by the motion.

The plaintiff must wait for the defendant to answer before requesting a default judgment.

The court can dismiss a complaint based upon some abuse by the plaintiff of court rules, or failure to comply with a court order.

P sues D on a promissory note. P’s claim state that the note was validly executed by D. D’s answer generally denies that D signed the note. P moves for a summary judgment, and submits an affidavit by X stating that X saw D sign the note. 

In summary judgment proceedings the reason the time is longer is because summary judgment motions, and motions for summary adjudication, generally require much more work in demonstrating that there are no genuine disputes over material facts.

In summary judgment matters, a material fact is something that must be proven in court one way or the other in order to prevail in the lawsuit.

In matters involving motions for summary judgment, there is no need to file opposing memorandums because the facts establish the merit of moving papers.

The opposing party to a motion for summary judgment must file and serve the opposition papers at least 14 days in advance.

A motion for summary judgment must be accompanied by a separate statement of undisputed facts.

A summary judgment is designed to be an efficient method of deciding a case when there are no disputes as to any material facts.

Granting a summary judgment motion decides the entire case and judgment is entered.

Any reply to the opposition of a motion for summary judgment filed by the moving party must be filed and served at least 5 days before the hearing.

A plaintiff may move for summary judgment 60 days after the defendant has appeared in the action.

In a motion for summary judgment it would be a material fact if the plaintiff and defendant dispute the color of pen used to sign the contract.

A motion for summary judgment may be made when there are no genuine disputes over any material facts.

A motion for summary adjudication of issues is appropriate only if all causes of action can be disposed of by the motion.

The rules with respect to service of a summary judgment motion have changed.  Motions for summary judgment must be served at least 75 days before the hearing, increased to 80 days if mailed to a party in California.

In a motion for summary judgment a  failure to file opposition papers may indicate agreement with the moving papers.

Summary adjudication is granted on individual causes of action when a motion for summary judgment is not appropriate for the entire case.

Motions for summary judgment dispose of the need  for trial on issues, or perhaps the entire case.

A motion for summary judgment is a judgment rendered by the court clerk before trial.

After being fired, a woman sued her former employer in federal court, alleging that her supervisor had discriminated against her on the basis of her sex. The woman’s complaint included a lengthy description of what the supervisor had said and done over the years, quoting his telephone calls andemails to her and her own emails to the supervisor’s manager asking for help. The employer moved for summary judgment, alleging that the woman was a pathological liar who had filed the action and included fictitious documents in revenge for having been fired. Because the woman’s attorney was at a lengthy out-of-state trial when the summary-judgment motion was filed, he failed to respond to it. The court therefore granted the motion in a one-line order and entered final judgment. The woman has appealed. Is the appellate court likely to uphold the trial court’s ruling?

A motion for summary judgment can be granted if there exists no genuine dispute of a material fact''. This means:

A preliminary injunction may be issued only after notice is given to the adverse party.

An injunction is an equitable remedy.

A motion for a temporary restraining order may only be made if notice is given to the adverse party.

A motion for a temporary restraining order cannot be made unless the summons and complaint are also filed.

An application for a temporary restraining order should be combined with a request for a preliminary injunction.

A preliminary injunction may not be sought without requesting a temporary restraining order first.

An attachment is a way of seizing a defendant's property to satisfy a future judgment.

A writ of possession is an order to the sheriff to obtain possession of property and deliver it to the plaintiff.

An attachment is available only on tort claims.

One requirement for an attachment is that the amount owed the plaintiff must be unsecured.

A plaintiff may seek an attachment on a money claim personally owed by the defendant not arising from the defendant's business.

The plaintiff should draft the papers for an application for an attachment rather than using the judicial council forms.

When personal property of the plaintiff has been wrongfully detained, the plaintiff should consider seeking a writ of possession.

It is never possible to obtain a writ of possession ex parte.

The plaintiff does not need to show a right to possession in order to receive a writ of possession.

A lis pendens places a lien on property owned by the defendant.

A lis pendens gives notice that in the future the plaintiff may attempt to file a lawsuit involving real or personal property of the defendant.

A lis pendens notice is filed in the county office where the property is located.

There are two types of injunctions a temporary restraining order and a preliminary injunction.

Temporary restraining orders are extraordinary remedies because they enjoin opposing parties prior to an adversarial hearing.

There are three method by which the opposing party can be notified of an application for a temporary restraining order. The opposing party an be notified by telephone, by letter or by serving copies of the application.

Security must be given in order to insure that, in the event the party obtaining the temporary restraining order does not prevail on the merits of the action, the restrained party will be compensated for damages resulting from the temporary restraining order.  Thus, the court will attempt to assess the probable damage in setting an amount for the bond.

The plaintiff will want to seek an attachment in the appropriate circumstances to ensure that the defendant will have sufficient property to satisfy a judgment.  Otherwise, the defendant may hide, destroy, or otherwise transfer assets and the plaintiff, although obtaining a judgment may not be able to obtain any assets against the defendant to satisfy the judgment

A writ of possession should be sought when the plaintiff has a security interest in personal property of the defendant.  Plaintiff must also show an immediate right to possession of the property (usually because of non-payment for the property), and that the property is being wrongfully withheld.

A lis pendens places a lien on property owned by the defendant.  The purpose is to place a cloud on the title of the property since anyone purchasing the property once the lien is in place, takes the property subject to any judgment that may be entered in the plaintiff’s favor.

The party cannot support their motion to strike with any affidavits, declarations, or any other matters outside the four corners of the pleading containing extrinsic evidence that allegations in the complaint are false or a sham because any such challenges only lie on the face of the complaint.

Mandatory dismissal for delay in prosecution may not be granted in marriage dissolution or legal separation proceedings while a support order is outstanding, or where a separate trial on the issue of marital status is pending.

Filing a motion for discretionary dismissal has its risks as it may “wake up” plaintiff and convince them to prosecute the case more diligently.

Courts are bound to apply a policy of great liberality in permitting amendments “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party.

If leave to amend is needed and an answer has already been filed then a party must file a noticed motion to request it. 

A motion to quash is used to challenge whether the court has acquired personal jurisdiction over the defendant.  

A demurrer to an entire answer must be overruled even if only one of the affirmative defenses states sufficient facts to constitute an affirmative defense.

Complaints in California can be unverified, or verified. If the complaint is verified the answer must be verified.

Most complaints in California are unverified unless a particular statute or code provides otherwise, although any complaint may be verified at the option of the plaintiff.

The two ways a plaintiff may obtain a voluntary dismissal are by filing a dismissal with the clerk of the court prior to the time the answer or summary judgment motion has been made or obtaining a court order.,,