Nakano vs. Binder

12 Amaya vs. Kim TENTATIVE RULING:

Motion for Judgment on the Pleadings

Defendant Evelyn Kim moves for judgment on the pleadings as to Plaintiffs Declan Matthew Doherty and Olivia Marie Doherty. For the following reasons, the motion is DENIED as moot.

Pursuant to Code of Civil Procedure section 438, subdivision (b)(1), a party may move for judgment on the pleadings. A defendant may move for a judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B).)

The grounds for a motion for judgment on the pleadings “shall appear on the face of the 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., § 438, subd. (d); see, Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1063 [Subject to certain exceptions, extrinsic evidence should not be considered in a motion for judgment on the pleadings.].)

Defendant contends that Plaintiffs Declan Matthew Doherty and Olivia Marie Doherty are minors but no guardian ad litem has been appointed to represent either of these Plaintiffs as required by California Code of Civil Procedure section 372. Thus, Defendant concludes that these Plaintiffs lack capacity to maintain this lawsuit and judgment on the pleadings should be entered as to these Plaintiffs.

However, on May 14, 2026, the Court entered two Orders appointing Plaintiff Angie Marie Amaya as the guardian ad litem for Plaintiff Olivia Marie Doherty and Plaintiff Declan Matthew Doherty. (ROAs 96, 97.) Thus, the motion is moot.

Moving Defendant shall give notice of this ruling.