What is the standard of review for a motion for judgment on the pleadings?

California, United States of America


The following excerpt is from Harb v. Sene, A153539 (Cal. App. 2019):

"Because a motion for judgment on the pleadings is similar to a general demurrer, the standard of review is the same. [Citation.] We treat the pleadings as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. When leave to amend is not given, we determine whether the complaint states a cause of action and whether the defect can reasonably be cured by amendment. If it can be cured, the trial court has committed reversible error. Otherwise, we affirm. The burden of proof is squarely on the plaintiff. [Citation.] The judgment of dismissal will be affirmed if it is proper on any grounds stated in the motion, whether or not the trial court relied on any of those grounds." (Baughman v. State of California (1995) 38 Cal.App.4th 182, 187.) A trial court's application of the res judicata doctrine is

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