Christian

Introduction

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 Mailer (Mailer). We affirm.

Facts

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.)

The County’s motion was made on the ground the cross-complaints failed to state causes of action. The motion was based on accompanying points and authorities, the records and files in the case, oral argument, and other oral and documentary matter, including matters of which the court may or must take…