Lund v. Johnson, Drake & Piper, Inc.

NORDBYE, District Judge.

This cause came before the Court on a notice of motion by the defendant Johnson, Drake & Piper, Inc., for the determination of the first defense set forth in its answer to the complaint of the plaintiff.

While the first defense of the moving defendant is designated in the answer as a demurrer, the motion is made “on all the files, records, and the pleadings and exhibits attached to said pleadings and all thereof.” The parties have presented and briefed the matter as if the motion was for judgment on the pleadings, and the Court will so consider it; that is, the parties…