__[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