Welshans v. City of Santa Barbara

This is an appeal by plaintiff from a judgment on the pleadings in favor of defendant City of Santa Barbara in an action brought by a former employee of the fire department seeking compensation for overtime work.

A motion by defendant for a judgment on the pleadings operates as a demurrer to the complaint and if the complaint states a cause of action, it is error to grant the motion. (Dragna v. White, 45 Cal.2d 469, 470 [289 P.2d 428].) As on demurrer, the defendant’s motion cannot be aided by reference to the answer or to matters outside the complaint. (Douglass v. Dahm, 101 Cal.App.2d 125,…