PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Judgment on Pleadings Compared
.........Pleadings Deficient for SJ
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Where pleadings deficient because they fail to state C/A, SJ may be granted to avoid unnecessary trial.

When considering challenges to sufficiency of pleading, if reasonably possible to cure defect in complaint by amendment, ct. abuses discretion by dismissing action.

Leave to amend must be requested at hearing or before judgment.

If pleadings insufficient, ct. cannot grant Summary Adjudication. (SA); may grant leave to amend.

If pleadings deficient at summary judgment stage, court may allow amendment.

Because D asserted a failure of the complaint to state a cause of action, SA motion was tantamount to motion for judgment on pleadings.

When SJ or SA motion operates as motion for judgment on pleadings, all facts stated in complaint accepted as true.

Moving party defendant’s was in legal effect a motion for judgment on the pleadings where complaint was defective in failing to state a cause of action.

Where granting of SJ motion based on insufficiency of complaint, may be treated as motion for judgment on pleadings.

If pleadings deficient, cannot grant SJ; however, may treat as motion for judgment on pleadings.