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 Marine v. Interstate Distrib. Co., A138658 (Cal. App. 2015):

" '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.' [Citation.] 'All properly pleaded, material facts are deemed true, but not contentions, deductions, or conclusions of fact or law . . . .' " (People ex rel. Harris v. PAC Anchor Transportation, Inc. (2014) 59 Cal.4th 772, 777 (PAC Anchor).)

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