MILLER VS. QUALITY POOL

Case No.: MSC17-00912    

HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS RE BLACK DIAMOND'S

ANSWER / FILED BY MARK MILLER

* TENTATIVE RULING: *

As stated in the Court’s tentative ruling of January 17, this motion is moot as to the request for judgment on the pleadings as to Black Diamond’s cross-complaint, because that cross- complaint has been dismissed. However, the Court’s prior ruling overlooked that this motion also goes to certain other aspects of the pleadings. It is not moot as to them, and the Court now rules on them. (Defendants forwent filing any timely opposition to the motion, and at the January 17 hearing the Court declined to allow them to file any opposition belatedly.)

The motion is granted in part. Judgment on the pleadings is granted in plaintiff’s favor on plaintiff’s 12th cause of action, for disgorgement (including rejection of any affirmative defenses to that cause of action). As plaintiff correctly points out, defendants have........