PRETRIAL ADJUDICATION
...Judgment on the Pleadings
......Grounds
7 Cards On This Topic:

D must allege ct. has no jurisdiction of subject of cause of action alleged in complaint or complaint does not state facts sufficient to constitute cause of action against that D.

P’s grounds are that complaint states facts sufficient to constitute cause(s) of action against D and answer does not state facts sufficient to constitute a defense to complaint.

Ct’s grounds for granting for P or D on its own motion mirror grounds required of P or D were they to request judgment on pleadings.

Motion should state whether made as to entire complaint or particular cause(s) of action.

Judgment on the pleadings improper where doctor's negligence in not giving P enough anesthesia and then trying to persuade her not to tell, was ordinary, not professional, negligence, and not time-barred.

Judgment on pleadings for insurance company proper where pedestrian hit by uninsured motorist not covered by UM provisions of his fiancée's insurance policy.

Cal. Forestry Dept. should have been granted judgment on pleadings where RPIs' affirmative defenses barred by immunities granted for fire fighting in Gov. Code.