Defendant Muh Corporation brings this motion for judgment on the pleadings, seeking an order for entry of judgment on the causes of action for failure to pay overtime wages and wrongful termination in violation of public policy. Plaintiff Jaime Castellanos has not opposed the motion. The grounds for a motion for judgment on the pleadings "shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." [CCP §438(d)] "A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Citations) Presentation of extrinsic evidence is therefore not proper on a motion for judgment on the pleadings." Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999, citations omitted. Plaintiff alleges that he was employed from 2002 until 2015 as an operator of a tour bus. Defendant contends that
Hearing Date
March 05, 2020
Category
Civil - Unlimited
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Defendant Muh Corporation brings this motion for judgment on the pleadings, seeking an order for entry of judgment on the causes of action for failure to pay overtime wages and wrongful termination in violation of public policy. Plaintiff Jaime Castellanos has not opposed the motion. The grounds for a motion for judgment on the pleadings "shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." [CCP §438(d)] "A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Citations) Presentation of extrinsic evidence is therefore not proper on a motion for judgment on the pleadings." Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999, citations omitted. Plaintiff alleges that he was employed from 2002 until 2015 as an operator of a tour bus. Defendant contends that