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. Kamala D. Harris v. Pac Anchor Transp. Inc., B220966 (Cal. App. 2011):

"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. [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.)

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