PRETRIAL ADJUDICATION
...Judgment on the Pleadings
......Case Illustrations
28 Cards On This Topic:

Court erred in granting judgment on pleadings to Ds, thereby upholding policy of giving lower priority to domestic violence 911 calls than to non domestic violence calls.

Judgment on the pleadings for Ds reversed as a misappropriation of likeness claim, concerning only the pecuniary benefits to be derived from the commercial exploitation of a person’s likeness, was assignable to P.

CC 1714 precluded any liability claim against passengers in car which struck bicyclist for conspiring with or aiding and abetting adult homeowner by providing alcoholic beverages furnished to driver.

Trial court correctly granted D judgment on the pleadings where P did not give it the preliminary 20-day notice as required under CC 3097 before attempting to foreclose on materialman's lien.

Parol evidence rule does not apply where extrinsic evidence is being offered not to reconstruct the parties' contractual obligations but to establish a third party's distinct obligations.

As "free preview period" book purchaser alleged neither injury nor causation, he lacked standing to pursue UCL claim against Time for billing him; court correctly granted Time judgment on pleadings and sustained its demurrer.

Judgment on the pleadings properly granted to D drug rehab treatment facilities as they did not owe public a legal duty of care to control criminal behavior of facility residents.

Judgment on pleadings reversed: Default judgment against P's companies had no collateral estoppel effect where P not in privity with companies.

P not required to exhaust admin. remedies before filing suit where hospital staff bylaws grievance procedure provided him with no right to hearing nor opportunity to provide evidence; Judgment on pleadings reversed.

As exculpatory clause in lease did not shield lessor from liability for active negligence, judgment on pleadings erroneously granted.

In absence of evidence that Family Support Div.'s procedures were state mandated or county initiated for §1983 purposes, court erred in granting County's motion for judgment on pleadings.

Termination of lawsuit based on parol evidence rule constitutes favorable termination for malicious prosecution purposes.

Cross-complaint originating in dissolution action may form basis for W's malicious prosecution action; dismissal on demurrer and judgment on pleadings reversed.

U.S.-Japan peace treaty expressly preempted state law which would have allowed WWII prisoners of war used as slave labor by Japanese companies to sue them; trial ct. erred in overruling Ds' demurrers and denying their judgment on pleadings.

Judgment on pleadings for defendant Allstate reversed where policyholders stated facts supporting delayed discovery rule re Northridge earthquake damages.

Private reproval by State Bar still matter of public record and member’s disciplinary history may be posted on Bar’s internet website; dismissal following judgment on pleadings affirmed.

Court erred in granting judgment on the pleadings re malicious prosecution action where probable cause did not support both negligence and fraud causes of action in underlying suit.

Public boat dock ramp is not a "trail" such as to come under Gov. Code §831.4 immunity and trial court erred in granting City judgment on the pleadings.

Judgment on pleadings proper as W's exercise of power of appointment not valid where trust required that power be exercised by will or codicil.

As motion for judgment on pleadings functions as gen’l demurrer, attacking defects on face of pleadings, extrinsic evidence not proper.

Judgment on pleadings improperly granted where complaint pled in general terms basic elements of cause of action for professional negligence.

Judgment on the pleadings admits the truth of all material facts alleged in the complaint, therefore not appropriate where complaint contains triable issues of fact.

Judgment on pleadings appropriate if allegations in complaint fail to state cause of action, and grounds appear on face of complaint or are based on facts judicially noticeable.

Where written instruments are foundation of claim or defense and incorporated in pleading, judgment on pleadings granted only if instrument conclusively negates express allegation.

D entitled to judgment on the pleadings if P’s complaint does not state a cause of action; pleading which on its face is barred by SOL does not state a cause of action.

JP motion, like general demurrer, challenges sufficiency of P’s cause of action, raising legal, not factual issue.

A motion for judgment on the pleadings has the purpose and effect of a general demurrer and must show complaint fails to state cause of action.

Nonstatutory motion could be made at any time during the suit or trial as general demurrer rules apply and general demurrer grounds are never waived.