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 Atwell v. City of Rohnert Park, A151896, A153011 (Cal. App. 2018):

" '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.)

Page 6

Other Questions


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)
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)
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)
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)
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)
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)
Is a judgment on the pleadings appropriate when the complaint fails to allege facts sufficient to state a cause of action? (California, United States of America)
Is a motion for judgment on the pleadings appropriate if the complaint does not state sufficient to constitute a cause of action against a particular defendant? (California, United States of America)
What is the test for determining whether a complaint alleges facts sufficient to state a cause of action or discloses a complete defense? (California, United States of America)
What is the test for a demurrer to a complaint, alleging that the pleading does not state sufficient to constitute a cause of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.