Case Number: KC067728 Hearing Date: July 20, 2016 Dept: J

Re: Jiangsu World Plant-Protecting Machinery Co., Ltd., etc. v. Kuan Meng Lin, et al. (KC067728)

MOTION FOR JUDGMENT ON THE PLEADINGS

Moving Parties: Defendants Kuan Meng Lin, Yizheng Li and Li Yao Li

Respondent: Plaintiff, Jiangsu World Plant-Protecting Machinery Co., Ltd.

POS: Moving OK; Opposing served by regular mail contrary to CCP § 1005(c)

This is an action by Plaintiff Jiangsu World Plant—Protecting Machinery Co., Ltd. against the Defendants for alleged fraudulent transfer. The Complaint alleges that Plaintiff is the judgment creditor in an underlying action for the amount of $1,821,983.23 against judgment debtors Ergocraft, Inc. and Defendant Kuan Meng Lin (“Lin”). Prior to 11/26/14, Defendants Lin, Yizheng Li and Li Yao Li were the alleged joint owners of the subject real property. However, on 11/26/14, immediately after Plaintiff prevailed at trial against Lin, Defendants materially altered and transferred the ownership interest of the subject real property from their previous joint ownership. Defendant Li Yao Li is the father-in-law of Defendant Lin. The transfer was allegedly made with actual intent to hinder, delay or defraud Plaintiff.
Plaintiff commenced this action on 6/19/15, asserting causes of action for:

1. Fraudulent Transfer
2. Judicial Foreclosure of Real Property

Trial is set for 1/23/17.

Defendants Kuan Meng Lin, Yizheng Li and Li Yao Li now move this court, per CCP § 438, for judgment on the pleadings as to plaintiff’s complaint.

A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; see Smiley v. Citibank (South Dakota) N.A. (1995) 11 Cal.4th 138, 145–146.). Unless the court otherwise permits, a statutory motion cannot be “made” after entry of a pretrial conference order (see CRC 3.720–3.730) or 30 days before the initial trial date (“the date the action is initially set for trial”), whichever is later. (CCP § 438(e).)

Trial in this case was initially set for 8/1/16; accordingly, this instant motion is untimely. This court declines to rule on the parties’ requests for judicial notice and plaintiff’s evidentiary objections on this basis.

The motion for judgment on the pleadings is denied.