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 Sanchez v. Alivio Medical Group, Inc., C054716 (Cal. App. 1/15/2009), C054716. (Cal. App. 2009):

"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. [Citation.] A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same de novo standard of review. [Citations.] All properly pleaded, material facts are deemed true, but not contentions, deductions, or conclusions of fact or law; judicially noticeable matters may be considered. [Citations.]" (Kapsimallis v. Allstate Ins. Co. (2002) 104 Cal.App.4th 667, 672.)

II. Timeliness of Motion

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