California, United States of America
The following excerpt is from Lally v. City of Los Angeles, B189693 (Cal. App. 5/23/2007), B189693 (Cal. App. 2007):
"'A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]' Such motion may be made on the same ground as those supporting a general demurrer, i.e., that the pleading at issue fails to state facts sufficient to constitute a legally cognizable claim or defense. [Citation.]" (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.)
Code of Civil Procedure section 438, subdivision (e) "'authorizes the trial court to permit late filings of motions for judgment on the pleadings and does not specify any grounds which might serve to limit its power to do so.' [Citations.] . . . The statute does not impose a 'good cause' requirement." (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1063.) Whether or not to permit the late filing of a motion for judgment on the pleadings "'is a matter residing in the trial court's discretion to control litigation before it.' [Citation.] . . . The interests of all parties are advanced by avoiding a trial and reversal for defect in pleadings." (Ibid.)
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