2015-00180148-CL-CL

First Investors Servicing Corp. vs. Allen Turner Jr.

Nature of Proceeding: Motion for Judgment on the Pleadings

Filed By: D’anna, Laura

Plaintiff’s motion for judgment on the pleadings is UNOPPOSED and GRANTED, as follows.

Moving counsel again failed to comply with CRC Rule 3.1110(b)(3)-(4).

This is a collection action. Plaintiff contends that by virtue of the Court’s 7/12/2018 order deeming admitted plaintiff’s requests for admissions, defendant does not have facts sufficient to constitute a valid defense to the allegations in plaintiff’s complaint which is otherwise sufficient to state a valid cause of action against defendant. Thus, plaintiff insists it is therefore entitled to judgment on the pleadings.

Code of Civil Procedure §2033.410 provides that any matter admitted is conclusively established against the party making the admission and as such, may not be subsequently controverted in the pending action. As the 7/12/2018 order deeming admitted plaintiff’s requests for admissions effectively precludes defendant from asserting any legally valid defense to plaintiff’s claims in this case, the present motion for judgment on the pleadings must be and hereby is granted.

Having received no objection thereto, the Court will sign the proposed order submitted with the moving papers.

However, the Court declines to sign the proposed judgment since it includes attorney fees and costs which have not been awarded and are beyond the permissible scope of a motion for judgment on the pleadings. Moreover, reasonable attorney fees costs can only be awarded by noticed motion while costs can only be awarded pursuant to a Memorandum of Costs in accordance with Code of Civil Procedure §1032.