Enora Perez v. Wdlls Fargo N.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a “so-called ‘motion for judgment on the pleadings’” was in fact a “motion for an entry of default judgment”
• explaining that a plaintiff facing a defendant who fails to answer is “not left to twist in the wind”
• explaining that during its determination 2 of a motion for judgment on the pleadings, the court considers all pleadings— complaint and answer
• explaining that “[w]hen only a single pleading has been filed, ‘competing pleadings’ [under Rule 12(c)] do not exist, so a motion for judgment on the pleadings is not appropriate”
• explaining that when a defendant fails to answer, a judgment on the pleadings is barred by Rule 12(c) because the pleadings have not yet closed and competing pleadings do not exist
• observing that whether there was a mutual mistake is a question of fact

Source: CourtListener parenthetical corpus (CC0).