__[Attorney name]__ __[Address]__ __[Telephone number]__ Attorney for __[e.g., Plaintiff]__, _[name]__ _ _ _ _ _ _ Court, County of _ _ _ _ _ _ __[_ _ _ _ _ _ District]__ _ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _ Plaintiff(s)) vs. )MEMORANDUM OF POINTS AND )AUTHORITIES SUPPORTING _ _ _ _ _ _ _ _ _ _ _ _ _ ) __[NAME]__'S MOTION FOR Defendant(s))JUDGMENT ON PLEADINGS _________________________ ) Hearing: __[date; time]__ Department: _ _ _ _ _ _ Trial Date: __[if set]__ FACTS: __[Succinctly state facts underlying motion]__. I. THE COURT HAS POWER TO MAKE JUDGMENTS ON THE PLEADINGS. Every Court has inherent power to provide for the orderly conduct of proceedings before it, and to control its processes and orders and to make them conform to law and justice. Code of Civil Procedure section 128(a)(3), (8). Judgment on the pleadings is an established practice in California courts. See 1 California Civil Procedure Before Trial 34.2 (Cal CEB 1990); 6 Witkin, California Procedure, Proceedings Without Trial 262 (3d ed 1985). Thus, the Court has the power to give judgment on the pleadings when there are grounds. II. GROUNDS FOR JUDGMENT ON THE PLEADINGS INCLUDE FAILURE TO STATE CAUSE OF ACTION. A party's failure to state a cause of action constitutes grounds for judgment on the pleadings. MacBeth v West Coast Packing Corp. (1947) 83 CA2d 96, 187 P2d 815. Defendant has a cross-complaint alleging __[explain]__, which fails to state a cause of action in that __[list reasons with authority to support arguments]__. Therefore, plaintiff is entitled to judgment on the pleadings and requests the Court to order dismissal of defendant's cross-complaint and order entry of judgment in plaintiff's favor as to all causes of action contained in the cross-complaint. [III.] __[Continue stating points, citing authorities, and arguing position advanced]__. Date: _ _ _ _ _ _ Respectfully submitted, [Signature] _________________________ __[Typed name]__ Attorney for _ _ _ _ _ _ _ _ _
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Legal Forms : Set Two