Motion: Pervaiz Chaudhry and Valley Cardiac Surgery Medical
Group’s Motion for Judgment on the Pleadings
Tentative Ruling:
To grant judgment on the pleadings on the first cause of action as to Pervaiz Chaudhry only, and on the fifth cause of action as to Chaudhry and Valley Cardiac Surgery Medical Group (“VCS”), without leave to amend. To deny the remainder of the motion.
Explanation:
A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired, and so the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) As in demurrers, grounds for the motion must appear on the face of the challenged pleading or on facts which the court may judicially notice. (Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5.)
When reviewing a pleading, a demurrer or motion for judgment on the pleadings admits the truth of all material allegations and a Court will “give the complain