LVNV Funding LLC v. Galvan

(37) Tentative Ruling

Re: LVNV Funding LLC v. Galvan Superior Court Case No. 25CECG03823

Hearing Date: May 6, 2026 (Dept. 503)

Motion: Plaintiff’s Motion for Judgment on the Pleadings

Tentative Ruling:

To deny.

Explanation:

A motion for judgment on the pleadings has the same function as a demurrer, but is made after the time for demurrer has passed. (Code Civ. Proc., § 438; Prickett v. Bonnier Corporation (2020) 55 Cal.App.5th 891, 896.) The grounds for the motion must appear on the face of the challenged pleading or from facts judicially noticeable. (Prickett v. Bonnier, supra, 55 Cal.App.5th at p. 896.) The court is to treat all facts as properly pled. (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967.) While leave to amend is routinely granted, a court may deny leave to amend where “there is no reasonable possibility that the defect can be cured by amendment.” (Von Batsch v. American Dist. Telegraph Co. (1985) 175 Cal.App.3d 1111, 1117.)

Here, plaintiff moves for judgment on the pleadings, arguing that the answer filed by defendant admits the truth of the allegations set forth in the complaint and fails to set forth a defense. However, the answer does allege an affirmative defense. Defendant asserts hardship and that he was attempting to negotiate payments and made some to another company with the intent of resolving this debt.

The court does not evaluate the merits in a motion for judgment on the pleadings. As such, the motion is denied.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: JS on 5/4/2026. (Judge’s initials) (Date)

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