Motion for Judgment on the Pleadings
34-2023-00333411-CL-CL-GDS: OneMain Financial Group LLC vs. Muhamad H Samad 05/28/2026 Hearing on Motion for Judgment on the Pleadings in Department 16D
a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Plaintiff Onemain Financial Group, LLCs unopposed motion for judgment on the pleadings is granted, without leave to amend.
This is a consumer collection action in which Plaintiff alleges causes of action for breach of contract and common counts.
Plaintiffs request for judicial notice is granted. The request for judicial notice shows that Plaintiffs motion to have its request for admissions to Defendant Muhamad Samad was granted on December 11, 2024.
When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (CCP § 438(c)(1)(A).) The grounds for the motion shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (CCP § 438 (d).). The Court properly takes judicial notice of the fact that defendant has admitted the allegations of the Complaint.
Indeed, the Court will take judicial notice of records, such as admissions, answers to interrogatories, affidavits, and the like, when considering a demurrer [or motion for judgment on the pleadings] (Hibernia Savings & Loan Soc. v. Thornton (1897) 117 C. 481, 482; Morris v. Harbor Boat Bldg. Co. (1952) 112 C.A.2d 882, 886; Columbia Cas. Co. v. Northwestern. Nat. Ins. Co. (1991) 231 C.A.3d 457, 468),
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Thus, on a motion for judgment on the pleadings, the Court may extend consideration to
34-2023-00333411-CL-CL-GDS: OneMain Financial Group LLC vs. Muhamad H Samad 05/28/2026 Hearing on Motion for Judgment on the Pleadings in Department 16D
matters that are subject to judicial notice; in doing so, the Court performs essentially the same task as ruling on a general demurrer. (Smiley v. Citibank (1995) 11 C.4th 138, 146.) Additionally, the Court must disregard all controverted allegations in the complaint and accept all facts properly pleaded in the answer. (Sebago, Inc. v. City of Alameda (1989) 211 Cal.App.3d 1372, 1379-1380.) A motion by plaintiff for judgment on the pleadings is in the nature of a general demurrer, and the motion must be denied if the defendant's pleadings raise a material issue or set up affirmative matter constituting a defense. (MacIsaac v. Pozzo (1945) 26 Cal.2d 809, 812-813.) The Court assumes the truth of all material allegations in the challenged pleading no matter how improbable. (Sisemore v. Master Financial, Inc. (2007) 151 Cal.App.4th 1386, 1397.)
Here, the complaint properly alleges the requisite allegations for breach of contract and common counts. Further as seen from the request for judicial notice, Plaintiffs requests for admission have been deemed admitted. Specifically, Defendant admitted he entered into a loan agreement, that Plaintiff deposited loan funds into his bank account, that since February 3, 2022 he had not paid the $4,403.83 or any other amount owed, that he owes Plaintiff $4,403.83, and has no credit defenses. While Defendant filed an answer raising certain affirmative defenses, the later admissions take precedence over the contrary allegations in the answer. (Del E.
Webb Corp., supra, 123 Cal.App.3d at 604-605 ['The court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, and the like, when considering a demurrer, only where they contain statements of the plaintiff or his agent which are inconsistent with the allegations of the pleading before the court'].) '[A] deemed admitted order establishes . . . that a nonresponding party has responded to the requests by admitting the truth of all matters contained therein. (Wilcox v.
Birtwhistle (1999) 21 Cal.4th 973, 983; Weil & Brown, Cal. Civil Pro. Before Trial (Rutter Guide, 2015 Update) § 8:1375.1.)
No opposition was filed to this motion. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
Based upon these admissions, the motion for judgment on the pleadings is granted in favor of moving party plaintiff, without leave to amend.
The Court will sign the proposed order.
Plaintiffs counsel shall prepare a judgment for the courts signature pursuant to CRC rule 3.1312.