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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 UNITED STATES BANKRUPTCY COURT

9 ________ DISTRICT OF ______

10

11 IN RE: ________________, ) Case No.


)
12 Debtors, ) Chapter 7
)
13 Any Plaintiff ) Adv. Proc No.
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14 Plaintiff, )
NOTICE OF MOTION AND MOTION FOR
)
JUDGMENT ON THE PLEADINGS;
15 vs. )
MEMORANDUM OF POINTS AND AUTHORITIES
)
16 Any Defendant, )
) DATE:
17 Defendant. ) TIME:
) PLACE
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
1 visit: http://www.scribd.com/LegalDocsPro Be sure to remove this
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notice and all other notices before using this document.
4 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
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above-entitled Court located at ___________________________, _____________ will move this
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Court for an Order granting judgment on the pleadings.
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This Motion will be made pursuant to Federal Rule of Civil Procedure 12(c) and Federal

9 Rule of Bankruptcy Procedure 7012(c) on the grounds that the complaint filed by Plaintiff

10 ______________fails to state sufficient facts to state any claim for relief against Defendant, hence
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there are no triable issues of material fact and Defendant is entitled to judgment as a matter of law.
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This motion shall be based upon this Notice, the attached Memorandum of Points and
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Authorities, the complete files and records of this action, and such other and further oral and
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15 documentary evidence as may be presented at the hearing on this Motion.

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Dated_________________________ _______________________________________
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Any Attorney or Party
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff filed their complaint against Defendants on _____________ with causes of action for
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______________________________________. See complaint on file.

7 Defendant moves for judgment on the pleadings on the grounds that the complaint filed by

8 plaintiff ______________fails to state sufficient facts to state any claims for relief against defendant,
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hence there are no triable issues of material fact and Defendant is entitled to judgment as a matter of
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law.
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Defendant contends that the complaint is deficient as it does not meet the particularity
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13 requirements of Federal Rule of Civil Procedure 9(b) or California law, and is barred by the

14 three year statute of limitations for fraud in California.


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situation.
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NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS