Fitzsimmons v. Jones

When a pretrial order provides, “The necessary parties are properly before the Court, and the action is at issue as to them,” and, further, defines the issues, may the trial court properly render judgment on the pleadings, based upon the inadequacy of the answer? In that circumstance may the aggrieved party obtain relief from the order under Code of Civil Procedure, section 473 ? Because the pretrial order controls inconsistent pleadings we have decided that the trial court erred in granting the judgment on the pleadings and that the adverse party may properly appeal from the denial of relief…