Taboh

MEMORANDUM *

Kenneth Taboh appeals the district court’s grant of judgment on the pleadings against him in his action against Times Mirror Co., and others. 1 See Fed.R.Civ.P. 12(c). We reverse and remand.

Taboh first asserts that the district court considered matters outside the pleadings, which meant that, in fact, the motion should have been treated as a summary judgment motion. He is correct. See id.; Swedberg v. Marotzke, 339 F.3d 1139, 1146 (9th Cir.2003); Cunningham v. Rothery (In re Rothery), 143 F.3d 546, 549 (9th Cir.1998); Hal Roach Studios, Inc. v. Richard Feiner and Co., Inc., 896 F.2d 1542, 1550 (9th Cir.1990). To some extent, the district court treated this as a summary judgment motion without having given the generally required explicit notice, as it should have done. 2 More importantly, the district court declared that it was treating this as a 12(c) motion and in so doing, it relied on Taboh’s guilty plea agreement, 3 but then it put significant weight on its belief that Taboh’s admissions in his guilty plea agreement at the time of his criminal prosecution were conclusive. In that, it erred. California law treats such admissions as evidentiary only. See…