Laurel Creek LP v. Travelers Property Casualty Co. of Am.

challenged pleading or from any matter of which the Court is required to take judicial notice. Where the motion is based on a matter of which the Court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the Court may otherwise permit." (Code Civ. Proc., Sec. 438, subd. (d).)

Notwithstanding the absence of an appropriate written notice stating the papers upon which the motion is based, COSB has submitted in support of the motion a declaration of Michael Daly who is the Chief Deputy Assessor in the Clerk-Recorder-Assessor's Office, and a declaration of Emily Ferguson, who is employed by COSB as a Front Operations Supervisor in the Clerk-Recorder-Assessor's Office. Those declarations contain information regarding, among other matters, the COSB's official assessment and tax roll records for the Property and a tax exemption claim submitted by the LLC.

" 'A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.'' [Citation.] As with a demurrer, '[t]he grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the Court may take judicial notice.' [Citations.]" (Eckler v. Neutrogena Corp. (2015) 238 Cal.App.4th 433, 439.)

Wholly absent from the motion is any reasoned argument showing why any of the information or evidence contained in the declarations of Daly and Ferguson appears on the face of the complaint or is a proper subject of judicial notice. Further, COSB has filed with their reply, a notice of withdrawal of the Daly and Ferguson declarations submitted in support of the motion. As the points and arguments advanced in the motion cite and ostensibly rely on the matters appearing in those declarations, and for all further reasons discussed above, the supporting papers fail to "make clear the grounds for the relief sought." (Luri, supra, 107 Cal.App.4th at p. 1125.)

Moreover, as Plaintiffs have not had an opportunity to counter or respond to the withdrawal of the declarations including the effect, if any, of that withdrawal upon the points advanced by COSB, there exist due process concerns. (American Drug Stores, Inc. v. Stroh (1992) 10 Cal.App.4th 1446, 1453 [general discussion].)

Also relevant here, COSB must "file and serve with the motion for judgment on the pleadings a declaration stating either of the following: "(A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings. "(B) That the party who filed the pleading subject to the motion for judgment on the pleadings failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith." (Code Civ. Proc., Sec. 439, subd. (a)(3)(A)-(B).)

COSB has failed to file and serve with the motion the declaration required by Code of Civil Procedure section 439 and described above. For these and all further reasons discussed above, the Court will order the motion off-calendar, without prejudice to the filing and service by COSB of a procedurally appropriate motion for judgment on the pleadings in the future.

Tentative Ruling: Laurel Creek LP v. Travelers Property Casualty Co. of Am. Tentative Ruling: Laurel Creek LP v. Travelers Property Casualty Co. of Am. Case Number

Case Type Civil Law & Motion Hearing Date / Time Wed, 07/22/2026 - 10:00 Nature of Proceedings Motion for Leave to file 2AC.

Tentative Ruling

For Plaintiff: Robert J. Stoll, Jr., Robert J. Stoll, III