§ 438 (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant.

(a)  As used in this section:

(1)  “Complaint” includes a cross-complaint.

(2)  “Plaintiff” includes a cross-complainant.

(3)  “Defendant” includes a cross-defendant.

(b)  (1) A party may move for judgment on the pleadings.

(2)  The court may upon its own motion grant a motion for judgment on the pleadings.

(c)  (1) The motion provided for in this section may only be made on one of the following grounds:

(2)  The motion provided for in this section may be made as to either of the following:

(3)  If the court on its own motion grants the motion for judgment on the pleadings, it shall be on one of the following bases:

(d)  The grounds for motion provided for in this section shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit.

(e)  No motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is later, unless the court otherwise permits.

(f)  The motion provided for in this section may be made only after one of the following conditions has occurred:

(1)  If the moving party is a plaintiff, and the defendant has already filed his or her answer to the complaint and the time for the plaintiff to demur to the answer has expired.

(2)  If the moving party is a defendant, and the defendant has already filed his or her answer to the complaint and the time for the defendant to demur to the complaint has expired.

(g)  The motion provided for in this section may be made even though either of the following conditions exist:

(1)  The moving party has already demurred to the complaint or answer, as the case may be, on the same grounds as is the basis for the motion provided for in this section and the demurrer has been overruled, provided that there has been a material change in applicable case law or statute since the ruling on the demurrer.

(2)  The moving party did not demur to the complaint or answer, as the case may be, on the same grounds as is the basis for the motion provided for in this section.

(h)  (1) The motion provided for in this section may be granted with or without leave to file an amended complaint or answer, as the case may be.

(2)  Where a motion is granted pursuant to this section with leave to file an amended complaint or answer, as the case may be, then the court shall grant 30 days to the party against whom the motion was granted to file an amended complaint or answer, as the case may be.

(3)  If the motion is granted with respect to the entire complaint or answer without leave to file an amended complaint or answer, as the case may be, then judgment shall be entered forthwith in accordance with the motion granting judgment to the moving party.

(4)  If the motion is granted with leave to file an amended complaint or answer, as the case may be, then the following procedures shall be followed:

(i)  (1) Where a motion for judgment on the pleadings is granted with leave to amend, the court shall not enter a judgment in favor of a party until the following proceedings are had:

(2)  All motions made pursuant to this subdivision shall be made pursuant to Section 1010.

(3)  At the hearing on the motion provided for in this subdivision, the court shall determine whether to enter judgment in favor of a particular party.