Christian

Girardi, Keese & Crane and James B. Kropff for Cross-complainant and Appellant.

Horvitz & Levy, David M. Axelrad and Joan Wolff for Cross-defendant and Respondent.

OPINION

ARABIAN, J. —

This is an appeal from an order of the trial court granting judgment on the pleadings to respondent County of Los Angeles (County). The County is a cross-defendant in equitable indemnity actions which cross-complainant and appellant Tina Christian (Christian) is pursuing as assignee of the County's former codefendants, the original cross-complainants Valley Presbyterian Hospital (Hospital) and Dr. Harold Maller (Maller). We affirm.

(1) Preliminarily, we note that although the County's motion was designated a motion for judgment on the pleadings, it was essentially an old-fashioned "speaking motion" to dismiss (a motion supported by evidence), which is modernly treated as a motion for summary judgment. (6 Witkin, Cal. Procedure (3d ed. 1985) Proceedings Without Trial, §§ 274, 279, pp. 575, 579-580; 5 Witkin, op. cit. supra, Pleading, § 957, pp. 392-393.) [1]

The County's motion was made on the ground the cross-complaints failed to state causes of action. The motion was based on accompanying…