Date Posted: February 28, 2009 by CaliLaw
Motion for Judgment on the Pleadings
Defendant hospital moves for judgment on the negligence and willful misconduct causes of action on the basis that under California law, a defendant cannot plead both negligence and professional negligence (Flowers v. Torrance) and the willful misconduct allegation fails to state a cause of action because the allegations lack factual support and are conclusory.