What are the differences between a motion for summary judgment and a motion for judgment on the pleadings in civil litigation?
In California civil litigation, motions for summary judgment and motions for judgment on the pleadings serve different purposes and must be used in different circumstances. A motion for summary judgment serves as a tool for a defendant to obtain a judgment in their favor if there is no real dispute between the parties and the facts of the case. The defendant must show that the plaintiff cannot prove their case based on the undisputed facts. A motion for judgment on the pleadings is used to challenge the pleadings that have been made in the case, such as a complaint, motion, or answer. The motion asks the court to determine that, as a matter of law, a party is entitled to judgment. The motion can be made if the pleadings contain insufficient facts to make a claim, or when the pleadings fail to address an element of the claim. In summary, a motion for summary judgment is used to resolve a case based on the facts, while a motion for judgment on the pleadings is used to challenge the pleadings made in the case. Both have the potential to end a case quickly, but they must be used in the appropriate circumstance.
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