California Tentative Rulings
Motion to Strike: The Motion to Strike brought by Cross-Defendants Seven Gables Real Estate Group, Inc. and James Jekums is DENIED with respect to ¶42 of the Cross-Complaint (included within the second cause of action) and ¶4 of the Prayer. The Motion...
Defendant Richard Keller seeks to strike Plaintiff’ Ferrucci Law Group’s (“Plaintiff”) Complaint on the grounds Plaintiff failed to provide him with written notice of this action prior to, or, at the time of service of the summons against him, as...
Plaintiff Serhat Gucen moves to strike the answers of defendants UFE Group, LLC and Action Time, LLC (collectively “Corporate Defendants”) and requests entry of default judgment. The court grants the motion in part and strikes defendants UFE Group, LLC and...
Demurrer to Complaint – sustained in part; overruled in part Motion to Strike – granted in part Trial Setting Conference – parties are ordered to appear for trial setting. A. DEMURRER Defendant Kia Motors America, Inc. (“Defendant”) demurs to the...
Pertinent Background Facts On 12/28/12, plaintiff Corey Slayton – an active duty member of the Santa Ana Police Department – responded to a radio call for help involving a suspect hiding underneath a vehicle. A K-9 officer was deployed to...
Motion No. 1: Defendants’ (Medicus Results, Inc. Ruben Cota, Kim Cota, Daniel Garcia, Michael Schultz, and David Sire, M.D.) Demurrer to Plaintiff’s Second Amended Complaint (Demurrer), filed on 6-3-19, sis SUSTAINED in part, and DENIED in part as described below....
Demurrer / Motion to Strike. The Demurrer by Cross-Defendant Richard Howard to the Cross-Complaint is OVERRULED, and the Motion to Strike is DENIED. Cross-Defendant Richard Howard shall file and answer to the Cross-Complaint within fifteen (15) days of notice of...
Defendants Jeffrey A. Goffman and Grant Ingersoll ask the Court to strike paragraphs 25 and 32, and items 2 and 4 from the prayer for relief in Plaintiff David Steffy’s First Amended Complaint. The motion is accompanied by the requisite...
The motions to strike are granted with leave to amend. This is a wage/hour case. In three nearly-identical motions, the individual defendants seek to strike the prayer for “punitive damages” and “special damages” from the operative First Amended Complaint. According...
Defendants’ Motion to Strike portions of the Complaint is DENIED. To support punitive damages, the complaint need only allege ultimate facts supporting the circumstances of malice, oppression, or fraud. This does not require any heightened pleading. (See Spinks v. Equity...