Wilson vs. Dan

12 S & L Medical Group, Inc. vs. Travelers Property Casualty Company of America

2024-01420585 Motion for Judgment on the Pleadings

Defendant Joydan Group, LLC’s unopposed motion for judgment on the pleadings as to Plaintiff S & L Medical Group, Inc.’s third cause of action for breach of contract is granted with 15 days leave to amend.

Defendant’s request for judicial notice is granted.

A motion for judgment on the pleadings may be made, and granted, on the same grounds as a general demurrer. (Stoops v. Abbassi (2002) 100 Cal. App. 4th 644, 650; Code Civ. Proc. § 438(c)(1)(B)(ii).) As in with a demurrer, the grounds for judgment on the pleadings must appear on the face of the complaint or be based on facts that the court may judicially notice. (Code Civ. Proc. § 438(d).)

Plaintiff alleges in the Complaint that on 10/29/00, it and Joydan entered into a written lease agreement. Plaintiff states that this agreement is attached as Ex. A to the Complaint and incorporated therein. (Complaint, ¶ 6.) Plaintiff alleges that subsequently, the lease was amended twice, referencing Exhibits B and C attached to the Complaint. (Complaint, ¶¶ 7, 8.)

Plaintiff’s Exhibit A is not a contract between Plaintiff and Joydan. Rather, it is a contract dated October 20, 2000 between Plaintiff and Anaheim Surgical Center, LLC.

While Plaintiff attaches two amendments to the lease which do name Defendant as a party, these amendments are dependent on the original lease which is not included with Plaintiff’s Complaint.

Plaintiff did not oppose this motion.

Accordingly, the motion for judgment on the pleadings is granted with leave to amend, as Plaintiff fails to allege a claim for breach of lease against Defendant Joydan.

Defendant shall give notice.

13 Wilson vs. Dan