Is a motion for judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action?
California, United States of America
The following excerpt is from People ex rel. Harris v. Pac Anchor Transp., Inc., 174 Cal.Rptr.3d 626, 329 P.3d 180, 59 Cal.4th 772 (Cal. 2014):
"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).) A motion for judgment on the pleadings 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, 128 Cal.Rptr.2d 358.)
[174 Cal.Rptr.3d 630]
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