Tentative ruling issued by Judge D. Tyler Tharpe on Sep. 25, 2020 in Fresno County, CA - Case no: xxxxx478

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On September 25, 2020, Judge D. Tyler Tharpe of Fresno County Superior Court, Department 501, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Fresno County, California. Hearing Date 09.25.2020.

Case Type: 23 Unlimited - Other PI/PD/WD

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Motion: by Defendant Save Mart Supermarket for judgment on the
pleadings re the Fourth Amended Complaint, causes of action four
and six
Tentative Ruling:
To grant all Requests for Judicial Notice (Evid. Code § 450 et. seq.). To deny the motion for judgment on the pleadings.
Explanation:
The standard of review in a motion for judgment on the pleadings is well settled. The motion is confined to the face of the pleading under attack, and all facts alleged in the complaint must be accepted as true. (April Enterprises, Inc. v. KTTV (1983) 147 Cal.App.3d 805, 815; Rangel v. Interinsurance Exchange (1992) 4 Cal.4th 1, 7.) The applicable standards oblige the court to indulge all inferences in favor of the party against whom the motion was made and bars the court from inferring a fact that might defeat the claim of such a party. (Treweek v. City of Napa (2000) 85 Cal.App.4th 221, 234.)
Code of Civil Procedure section 438 limits the grounds for a motion for….....

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