PRETRIAL ADJUDICATION
...Judgment on the Pleadings
......Allegations in Complaint
 18 Cards On This Topic:
  • Judgment on pleadings reversed where Ps pled viable C/As for negligence and strict liability re D's brake arcing machine, sole use of which resulted in the release of asbestos, its own product thereby contributing substantially to the harm to Ps.
  • As Leg. imposed minimum wage law on Program which school districts created, and based on allegations of complaint, trial court erred in granting Program judgment on the pleadings as to P's minimum wage law violation claim.
  • As P failed to rebut presumption created by business judgment rule re Chevron Committee's decision not to pursue lawsuit, trial court correctly granted Chevron's motion for judgment on the pleadings.
  • JPld for City reversed as HOs’ assertions supported public nuisance per se and specific injury and they may amend complaint to allege a valid cause of action for public nuisance.
  • Judgment on Pleadings for Corporation reversed where it was entitled to section CCP 1532's immunity only if it complied with other provisions of the Unclaimed Property Law.
  • Driver has no legal duty to assure all oncoming traffic is clear before signaling to left-turning driver that he's yielding his right of way—judgment on pleadings for driver proper where P failed to state negligence C/A.
  • Judgment on pleadings for D improper where arbitration of P's labor grievance could not be given binding effect re statutory claims because MOU did not clearly so specify.
  • Judgment on pleadings proper where amended complaint failed to state a claim, but P should be granted leave to amend to attempt to plead a claim based upon Ds' alleged violation of rules of an association of realtors.
  • Judgment on pleadings for Ds reversed where their arguments did not support disposing of the Voting Rights Act in such summary manner.
  • Family of man killed in high-speed police chase properly denied judgment on pleadings where City and police dept. entitled to immunity under VC 17004.7 for having adopted written policy governing vehicular pursuits.
  • Error to grant P judgment on pleadings where P itself alleged actual and justiciable controversy in complaint and D properly stated claim for declaratory relief.
  • Tort cause of action for negligent spoliation of evidence cannot be maintained; judgment on the pleadings on that C/A should have been granted.
  • H's complaint against doctor who artificially inseminated H's W barred for lack of legal duty owing and for reasons of public policy precluding recovery for breach of moral duties.
  • In ruling on judgment on pleadings, ct. generally confines itself to complaint, accepts as true all material facts alleged, and may take judicial notice.
  • Judgment on pleadings appropriate if grounds based on facts judicially noticeable.
  • In ruling on JP, ct. only considers allegations in pleadings, or takes matters beyond pleadings which are appropriate for judicial notice, i.e., matters of fact not reasonably subject to contradiction.
  • In deciding motion for judgment on the pleadings, ct. must accept allegations of complaint as true.
  • In ruling on motion for judgment on pleadings, ct. looks only to face of pleading under attack, and all facts alleged in complaint are admitted for purposes of motion.


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