Can CEMEX appeal against a motion for judgment on the pleadings in favor of CEMex as to the second cause of action for declaratory or injunctive relief?

We recognize that, after the order on the bench trial, the trial court on September 5, 2012, granted CEMEX's motion for judgment on the pleadings in favor of CEMEX as to the second cause of action for declaratory or injunctive relief. The court noted the motion was just a "formality," given the court's ruling on CEMEX's demurrer. However, CEMEX does not argue that this order triggered the time to appeal, nor could CEMEX so argue, because an order granting a motion for judgment on the pleadings that does not terminate the proceedings is interlocutory and therefore is not an appealable order. (Singhania v. Uttarwar (2006) 136 Cal.App.4th 416, 425.)

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