1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) JUDGMENT ON THE PLEADINGS;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF
14 Any Defendant, and DOES 1-5 ) ______________ REGARDING COMPLIANCE
) WITH MEET AND CONFER REQUIREMENTS OF
15 Defendants. ) CODE OF CIVIL PROCEDURE § 439(a)
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
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21 )

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27 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:

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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1 PLEASE TAKE NOTICE that on __________________, at ____.M., or as soon after that as
2 the matter can be heard, Department, ___ of the above-entitled court located at
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_____________________________________________, defendant will and does move this Court for
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Judgment on the Pleadings as to the first, second, third fourth, fifth and sixth causes of action in
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Plaintiff’s Complaint.

7 This motion for Judgment on the Pleadings is made pursuant to Code of Civil Procedure §

8 438 on the grounds that the first, second, third, fourth, fifth and sixth second causes of action in
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Plaintiff’s Complaint fail to state sufficient facts to constitute causes of action
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The Motion shall be based on this notice and the attached motion for Judgment on the
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pleadings, the attached memorandum of points and authorities, the attached declaration of
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13 ____________ regarding compliance with the meet and confer requirements of Code of Civil

14 Procedure § 439(a),
15
on the complete files and records of this action, and on such other oral and/or documentary evidence
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as may be presented at the hearing on the Motion.
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Dated________________ _______________________________________________
19 ANY ATTORNEY OR PARTY

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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1 DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
2 Defendant, ________________________ hereby moves this Court for judgment on the
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pleadings as to the first, second, third, fourth, fifth and sixth causes of action in Plaintiff’s Complaint
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as follows:
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FIRST CAUSE OF ACTION

7 1. Defendant requests judgment on the pleadings as to the First Cause of Action for

8 Breach of Contract on the ground that it fails state facts sufficient to constitute a cause of action for
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Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff pled the
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essential terms of the alleged contract. Code of Civil Procedure § 438.
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SECOND CAUSE OF ACTION
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13 2. Defendant requests judgment on the pleadings as to the Second Cause of Action for

14 Common Count for Open Book Account on the ground that it fails to state facts sufficient to
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constitute a cause of action for Common Count for Open Book Account as this cause of action is
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based on the same exact set of circumstances pled in the First Cause of Action for breach of contract.
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Code of Civil Procedure § 438.
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19 THIRD CAUSE OF ACTION

20 3. Defendant requests judgment on the pleadings as to the Third Cause of Action for
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Breach of Contract on the ground that it fails to state facts sufficient to constitute a cause of action for
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Breach of Contract as a copy of the alleged contract has not been attached, nor has Plaintiff pled the
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essential terms of the alleged contract. Code of Civil Procedure § 438.
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25 FOURTH CAUSE OF ACTION

26 4. Defendant requests judgment on the pleadings as to the Fourth Cause of Action for
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Common Count for Open Book Account on the ground that it fails to state facts sufficient to
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
 1 constitute a cause of action for Common Count for Open Book Account as this cause of action is
2 based on the same exact set of circumstances pled in the Third Cause of Action for breach of contract.
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Code of Civil Procedure § 438.
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS