Motion for Judgment on the Pleadings
Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Hallie Gorman Campbell
Department 2 June 3, 2026 8:30 am DA Case # Date Filed
19 CVL67608 Synchrony Bank vs. Barbara Falk 08/27/2025
Synchrony Bank Attorney: Raymond Patenaude Barbara Falk Motion Hearing - Judgment on the Pleadings RESERVED 08/27/2025 Complaint File Tracking 09/08/2025 High Density
This is a collections case. Before the Court is a motion for judgment on the pleadings. Like a general demurrer, a MJOP challenges the sufficiency of the plaintiff's cause of action; it raises the legal issue of whether the complaint states a cause of action, and is not a challenge to the validity of the claim itself. See Greif v. Sanin (2022) 74 Cal.App.5th 412, 426. Because a MJOP by a plaintiff must show (1) that the complaint states facts sufficient to constitute a viable claim against the defendant and (2) that the answer does not state facts sufficient to constitute a defense thereto (see CCP §438(c)), the motion for judgment on the pleadings must address both the complaint and the answer, and very frequently the motion only addresses the complaint.
The answer in this case admits all charges and the defendant has asked for time to work out a settlement. The court has previously given the parties time to do so, and plaintiff has filed a declaration on attempts to meet and confer. The tentative ruling would be to grant the motion. However, the parties are reminded that a settlement is often a better way to resolve than simply a judgment and should considering coming to court with an offer.
5/27/2026 2:07 pm
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