calvin Greene, Plaintiff, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORATION AUTHORITY, Defendant.

Case No.: BC690992

Hearing Date: March 8, 2019

[TENTATIVE] order RE:

motion for judgment on the pleadings

Background

Plaintiff Calvin Greene (“Plaintiff”) alleges that he was riding the Blue Line train when it “jerk[ed] back and forth with a strong force,” causing injury. Plaintiff filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”), asserting causes of action for negligence and intentional infliction of emotional distress. Defendant moves for judgment on the pleadings on Plaintiff’s complaint. The motion is granted with leave to amend.

Legal Standard

A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the