Motion for Judgment on the Pleadings
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC22604281 - June 24, 2026 Hearing date: June 24, 2026 Case number: CGC22604281 Case title: MATTHEW WAGNER VS. DOE 1 ET AL Case Number: | | CGC22604281 | Case Title: | | MATTHEW WAGNER VS. DOE 1 ET AL | Court Date: | | 2026-06-24 09:00 AM | Calendar Matter: | | MOTION FOR JUDGMENT ON THE PLEADINGS | Rulings: | | On the Law & Motion/Discovery calendar for Wednesday, June 24, 2026, Line 1, DEFENDANTS USA WEST PROVINCE, SOCIETY OF JESUS' MOTION FOR JUDGMENT ON THE PLEADINGS.
Defendant USA West Province, Society of Jesus's ("USA West") motion for judgment on the pleadings is granted without leave to amend.
USA West's request for judicial notice is denied. While the court may take judicial notice of previous orders and court documents, defendant improperly offers these prior orders for the legal reasoning pertaining to sustaining demurrers to public nuisance claims in clergy abuse cases. Notice is limited to the relevant facts properly subject to notice given the materials presented and does not, for example, extend to the truth of assertions in pleadings or transcripts. (See Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 659-660.)
Plaintiff Matthew Wagner's request for judicial notice is denied for similar reasons. Plaintiff also requests the court take judicial notice of multiple articles and lists of reported sexual abuse incidents. However, Plaintiff requests judicial notice not for the existence of the articles and reports but for the truth of their contents.
The court exercises its discretion to consider the late-filed motion under Code of Civil Procedure, section 438, subdivision (e). The court finds no prejudice to Wagner in light of the substantive opposition on the merits. (See Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1063.) "The interests of all parties are advanced by avoiding a trial and reversal for defect in pleadings." (Id.) (The Court's complete tentative ruling was emailed to all parties.)
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