Defendant Dignity Health Dba Mercy Medical Center Redding Notice Of Motion For Judgment On The Pleadings
SET FOR HEARING ON THURSDAY, February 9, 2017, LINE 6
DEFENDANT DIGNITY HEALTH'S Motion For Judgment On The Pleadings
GRANTED with twenty days leave to amend to allow plaintiffs the opportunity to allege a writ of mandate claim based per CCP 1085 in lieu of their UCL claim. Dignity's motion does not run afoul of CCP 438(g)(1). A common law motion for judgment on the pleadings may be filed after a demurrer without the need to show a material change in the law. Moreover, Dignity's motion is permissible because it amplifies issues that were not flushed out by the demurrer. All of Dignity's substantive arguments are rejected except its argument that the proper procedural vehicle for plaintiffs' claim is a writ of mandate. Health and Safety Code 1258 can apply to Dignity because it allegedly performs tubal ligations. Paragraphs 23, 53-61, and 85-86 of the first amended complaint su
Hearing Date
February 09, 2017
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Defendant Dignity Health Dba Mercy Medical Center Redding Notice Of Motion For Judgment On The Pleadings
SET FOR HEARING ON THURSDAY, February 9, 2017, LINE 6
DEFENDANT DIGNITY HEALTH'S Motion For Judgment On The Pleadings
GRANTED with twenty days leave to amend to allow plaintiffs the opportunity to allege a writ of mandate claim based per CCP 1085 in lieu of their UCL claim. Dignity's motion does not run afoul of CCP 438(g)(1). A common law motion for judgment on the pleadings may be filed after a demurrer without the need to show a material change in the law. Moreover, Dignity's motion is permissible because it amplifies issues that were not flushed out by the demurrer. All of Dignity's substantive arguments are rejected except its argument that the proper procedural vehicle for plaintiffs' claim is a writ of mandate. Health and Safety Code 1258 can apply to Dignity because it allegedly performs tubal ligations. Paragraphs 23, 53-61, and 85-86 of the first amended complaint su