What is the test for determining whether a motion for judgment on the pleadings is a cause of action?

California, United States of America


The following excerpt is from Dickerson v. Clark, F061048 (Cal. App. 2011):

"We independently review the trial court's ruling on a motion for judgment on the pleadings to determine whether the complaint states a cause of action. In so doing, we accept as true the plaintiff's factual allegations and construe them liberally. [Citation.] If a judgment on the pleadings is correct upon any theory of law applicable to the case, we will affirm it regardless of the considerations used by the trial court to reach its conclusion. [Citation.]" (Coshow, supra, 132 Cal.App.4th at pp. 702-703.) "In determining whether the pleadings, together with matters that may be judicially noticed, entitle a party to judgment, a reviewing court can itself conduct the appropriate analysis and need not defer to the trial court. [Citation.]" (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216-1217; see Mack v. State Bar (2001) 92 Cal.App.4th 957, 961.)

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