Gomez v Pla-ART International Inc

Case No.: 37-2016-00002320-CU-BC-CTL    

TENTATIVE RULING:

(1) Defendants' Joint and Several Motion for Judgment on the Pleadings (Accounting – 4th Cause of Action) is DENIED.

Defendants' motion is based on the assertion there is no underlying cause of action to support a claim for an accounting.

Even though the plaintiffs labeled their causes of action, that does not mean they are bound by those labels. "It is an elementary principle of modern pleading that the nature and character of a pleading is to be determined from its allegations, regardless of what it may be called, and that the subject matter of an action and issues involved are determined from the facts alleged rather than from the title of the pleadings or the character of the damage recovery suggested in connection with the prayer for relief." (McDonald v. Filice, 252 Cal.App.2d 613, 622 [60 Cal.Rptr. 832].)

(Jaffe v. Carroll (1973) 35 Cal.App.3d 53, 57.) Plaintiff has essentially alleged an underlying ........