Whitall
Whitall v. Gutierrez
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 RAYMOND RICHARD WHITALL, Case No. 18-cv-01376-CRB
Plaintiff,
ORDER DENYING MOTION FOR
v.
JUDGMENT ON THE PLEADINGS
J. CABALLERO, et al., Defendants.
Defendant Davina Gutierrez moves for judgment on the pleadings as to Plaintiff Raymond Richard Whitall’s request for punitive damages. MJP (dkt. 241). This motion is procedurally improper. Federal Rule of Civil Procedure 12(c) does not authorize motions for judgment on the pleadings with respect to parts of claims. See BBL, Inc. v. City of Angola, 809 F.3d 317, 325 (7th Cir. 2015); Gunaratna v. Dr. Dennis Gross Skincare, LLC, No. CV 20-2311-MWF, 2024 WL 650422, at *1–2 (C.D. Cal. Jan. 26, 2024) (collecting Ninth Circuit cases). Unlike Defendants’ prior Rule 12(c) motion, which sought to dismiss entire claims, Gutierrez’s instant motion seeks only to dismiss a portion of Whitall’s claims against her. See MJP Order (dkt. 235) at 1. As for Gutierrez’s belated request to strike Whitall’s…