Glenn v. Clearman's Golden Cock Inn, Inc.

McMURRAY, J. pro tem. *

This is an appeal by certain plaintiffs from a judgment of dismissal entered by the trial court after the granting of defendant’s motion for judgment on the pleadings. A motion for judgment on the pleadings is tantamount to a demurrer and admits the material facts alleged in the pleadings of the adverse party and challenges their sufficiency to state a cause of action (39 Cal. Jur.2d, Pleading § 305). The main question on this appeal is, therefore, whether or not the facts alleged state a cause of action as a matter of law. (Paraco, Inc., v. Department of Agriculture,…