William Green, et al. v. Blue Oak Oyster Bar & Grill, LLC, et al.

Appellees moved for judgment on the pleadings, arguing that Appellants’ premises liability
complaint failed to state a claim. Appellants argued that their complaint was sufficient but
nevertheless sought leave to file an amended complaint to address the alleged deficiencies.
The trial court granted the motions for judgment on the pleadings. The motion to amend
was denied in the same order, which stated that the motion was not addressed as it was
moot. The trial court then denied Appellants’ motion to alter or amend its judgment, finding
that it had applied the correct standard by reviewing only the original complaint. Because
the motion to amend should have been heard before the motions for judgment on the
pleadings and because we conclude the motion to amend should have been granted under
the circumstances, the trial court’s order is reversed as to the denial of the motion to amend
and vacated as to the grant of judgment on the pleadings.