Up In Smoke
A recent decision by the Third Appellate District is a reminder of the opportunity and the limits of a motion for judgment on the pleadings. The case is Collins v. eMachines, Inc.
In Collins, the plaintiffs brought a putative class-action against eMachines for defects in its computers. eMachines moved for judgment on the pleadings. As set forth in Code of Civil Procedure section 438, judgment on the pleadings allows a plaintiff to assert that the answer does not state facts sufficient to constitute a defense. And as is more commonly used, judgment on the pleadings allows a defendant to allege jurisdictional defects or that the complaint/cross-complaint fails to state a cause of action. Judgment on the pleadings can be used if the opportunity to demur has passed.
The trial court, in a two-sentence order, granted judgment on the pleadings as to plaintiffs' Consumer Legal Remedies Act (CLRA), Unfair Competition Law (UCL), common law fraud and unjust enrichment causes of action, then dismissed the complaint with prejudice. The court stated that plaintiffs did not and could not allege any facts to support their claims.
The plaintiffs appealed.
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