Civil: Motion for Judgment on the Pleadings
“A motion for judgment on the pleadings has the same function as a general demurrer…
Civil: Motions to Strike
“Motions to strike can be used to reach defects in or objections to pleadings that…
Civil: Demurrers
“A demurrer is a pleading used to test the legal sufficiency of other pleadings. I.e., it raises…
Civil: Amended Pleadings
“Each party has the right to amend its pleadings once—without leave of court—within a brief time after its…
Civil: Cross-Complaint
“A cross-complaint allows defendant to assert claims for affirmative relief against plaintiff, or a codefendant, or someone…
Civil: Answer
“An answer should contain whatever affirmative defenses [sometimes referred to as ‘new matter’] and/or denials…
Civil: Relief from Default
“The trial court has broad discretion to vacate the judgment and/or the clerk’s entry of…
Civil: Default & Default Judgment
“Technically, defendants are ‘in default’ if they fail to file an answer, demurrer or other…
Civil: State v. Federal Court
“There are a few cases that must be filed in federal court. By virtue of federal law, state courts…