Lehto

Plaintiff Gary Lehto, severely injured in a collision between an automobile in which he was a passenger and the vehicle driven by one Raul Carbajal, instituted this action to recover damages from defendant City of Oxnard, et al. (City) for the alleged negligence of certain police officers in failing to prevent Carbajal from driving while under the influence of alcohol. The trial court granted the City’s motion for judgment on the pleadings and this appeal follows. We affirm.

A judgment on the pleadings is similar to a judgment following the sustaining of a demurrer and the standard of appellate review is the same. Like the demurrer, the motion for judgment on the pleadings is confined to the face of the pleading under attack, and the properly pleaded operative facts must be accepted as true. (Kathleen K. v. Robert B. (1984) 150 Cal.App.3d 992, 994 [ 198 Cal.Rptr. 273 , 40 A.L.R.4th 1083 ]; Baillargeon v. Department of Water & Power (1977) 69 Cal.App.3d 670, 675-676 [ 138 Cal.Rptr. 338 ].) However, contentions, deductions and conclusions of fact or law alleged in the complaint are not considered in judging the sufficiency of the pleading. (See Loehr v. Ventura County…