Is a judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action?

A judgment on the pleadings in favor of the defendant is appropriate when the complaint fails to allege facts sufficient to state a cause of action. (Code Civ. Proc., 438, subd. (c)(3)(B)(ii).) Such a motion is equivalent to a demurrer and is governed by the same de novo standard of review. (Kapsimallis v. Allstate Ins. Co. (2002) 104 Cal.App.4th 667, 672.) All properly pleaded, material facts are deemed true, but not contentions,

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deductions, or conclusions of fact or law. (Ibid.) Courts may consider judicially noticeable matters in the motion as well. (Ibid.; People ex rel. Harris v. Pac Anchor Transportation, Inc. (2014) 59 Cal.4th 772, 777.)

A judgment on the pleadings should not be granted without leave to amend if there is a reasonable possibility that the defect can be cured by amendment. (Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 118.) Plaintiffs bear the burden of proof on this point. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)