Background

Plaintiff William Sario sues his former employer and supervisors, defendants California Rail Builders, LLC, Mark Monroe, Antonio Canete-Berenguer, Regina Michelle Talamantez, and RTEA, for damages arising from allegations that plaintiff opposed defendants’ instruction to submit a false claim to a government agency in violation of Government Code section 12651.

On October 13, 2017, plaintiff filed a complaint for (1) wrongful termination in violation of public policy, (2) slander (against Talamantez), (3) slander (against Monroe), and (4) civil conspiracy.

On March 19, 2018, defendants filed this opposed motion for judgment on the pleadings as to the purported fourth cause of action. The Court considered the moving, opposition, and reply papers, and rules as follows.

Motion for Judgement on the Pleadings Standard

A defendant may file a motion for judgment on the pleadings after filing an answer and the time to demur has expired. CCP § 438(f)(2). A defendant may move for