BC474472 Optional Capital, Inc., et al. v. Das Corporation, et al.

Defendant Das Corporation’s Motion for Judgment on the Pleadings

TENTATIVE RULING: The motion is denied.

Das moves for judgment on the pleadings on the first amended complaint on the grounds that the complaint fails to state facts sufficient to support any cause of action.

General Principles

“The grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice.” (Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Bufil v. Dollar Financial Group, Inc. (2008) 162 Cal.App.4th 1193, 120.) A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064.) In considering a motion for judgment on the pleadings, courts consider whether properly pled factual allegations, assumed to be true an