Also known as: judgement on the pleadings · judgment on pleadings
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device allowing a court to enter judgment after the pleadings close but before trial when the movant is entitled to prevail as a matter of law based solely on the pleadings.
June Jiang sued Jensen Farms in federal court for breach of a supply contract. After both sides filed their pleadings, Jensen Farms moved for judgment on the pleadings. The court reviewed only the complaint and answer and determined that the contract terms entitled Jensen Farms to judgment as a matter of law.
John Jones sued Jacobs Shipping alleging failure to warn about product risks. After the answer was filed, Jacobs Shipping moved for judgment on the pleadings. The court concluded that federal law preempted the state claims and entered judgment for the defendant without trial.
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Jillian James sued Jung BioTech claiming patent invalidity. After pleadings closed, Jung BioTech moved for judgment on the pleadings. The court held that a prior judgment barred relitigation of the validity issue and granted the motion.
James Johnson sued Juarez Holdings for unpaid wages. The answer failed to deny the key allegations. After pleadings closed, Juarez Holdings moved for judgment on the pleadings. The court treated the undenied facts as admitted and entered judgment for the plaintiff.
Judy Jacobs sued Cox Broadcasting Corp. for invasion of privacy after publication of her name. After the answer, the defendant moved for judgment on the pleadings. The court ruled that the First Amendment protected the publication and granted the motion.
Jason Jung sued the County of Los Angeles alleging a regulatory taking of church property. After pleadings closed, the county moved for judgment on the pleadings. The court determined that the ordinance effected a taking and entered judgment for the plaintiff.
A party may move after the pleadings are closed but early enough not to delay trial. The motion tests whether the movant is entitled to judgment based solely on the pleadings.
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The motion must be treated as one for summary judgment. All parties must receive a reasonable opportunity to present pertinent material before the court rules.
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A Rule 12(c) motion is available only after the pleadings close and may consider the answer as well as the complaint. A 12(b)(6) motion must be made before the answer.
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No. Service objections must be raised in a pre-answer motion or the answer itself. A post-answer Rule 12(c) motion assumes the pleadings are properly before the court.
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…injury caused by a dangerous condition of its property. . . ." [^maj-2]: The trial court also granted defendants' motion for judgment on the pleadings on the second cause of action, based on cloud seeding. It limited trial on the first cause of action for damages under Cal. Govt. Code Ann. § 835 (West 1980), rejecting the inverse…