McGettigan, Deborah v. John Mourier Construction

13. S-CV-0053949 McGettigan, Deborah v. John Mourier Construction

Moving Party is advised the notice of motion must include notice of the court’s tentative ruling procedures. (Local Rule 20.2.3(C).)

Cross-Defendants John Mourier Construction, Inc. and SV 218, LLC’s Motion for Judgment on the Pleadings as to the Cross-Complaint filed by Pacific Coast Supply, LLC and AlCal Specialty Contracting, Inc.

Cross-defendants John Mourier Construction, Inc. and SV 218, LLC move for judgment on the pleadings as to the cross-complaint filed by Pacific Coast Supply, LLC and AlCal Specialty Contracting, Inc. Cross-complainants oppose the motion and request to file an amended cross-complaint.

“A motion for judgment on the pleadings is the functional equivalent of a general demurrer.” (Spencer v. City of Palos Verdes Estates (2023) 88 Cal.App.5th 849, 861.) As such, the grounds for the motion for judgment on the pleadings must appear on the face of the complaint and any judicially noticeable documents. (Ibid.) Further, the court must accept as true all material factual allegations in the complaint. (Ibid.) The court may take judicial notice of a defendant’s uncontroverted admissions in responses to request for admissions or interrogatories. (Arce v.

Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485; see also Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549, disapproved on other grounds in Black Sky Capital LLC v. Cobb (2019) 7 Cal.5th 156.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Spencer, 88 Cal.App.5th at 861.)

Cross-defendants brings the motion on the basis the cross-complaint fails to state a cause of action because it is ambiguous and unintelligible as defined in California Civil Procedure § 430.10(f). (Mot. J. Pleadings at 4.)

In response, cross-complainants concede their “hastily drafted” cross-complaint needs amending and requests leave under C.C.P. 473(a)(1) to file an amended cross-complaint.