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...
Steffy vs. Goffman
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...
Alvandi v. Improv West Associates
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...
Takeya USA Corporation vs. Schmidt
Cross-Defendants Takeya USA Corporation and John Lown’s Demurrer to the Third Amended Cross-Complaint is SUSTAINED, without leave to amend. The demurrer to the 1st cause of action for constructive termination in breach of written employment agreement is SUSTAINED, without leave...
FAY EUNG JOO PARK v. LIANGAN LIU
BACKGROUND Plaintiff Fay Eun Joo Park and Montana Park (“Plaintiffs”) allege that they have been residing at 1115 Cordova, #304 in Pasadena. They allege Defendants Liangan Liu and Jane Liu (“Defendants”) are the owner of the premises. On June 15,...
Rodriuez v.Corona
Defendant Kevin Corona’s Motion to Strike Plaintiff’s Request for Punitive Damages and supporting allegations is GRANTED. The plaintiff’s allegations that defendant took a “muscle relaxer” less than 30 minutes prior to the accident, was “dazed off” while driving and “confused,”...
International Data Supply, Inc. v. Mapfire Insurance Company
Motion by Defendant Mapfre Insurance Company to Strike Portions of the Complaint: Under California law, to establish malice, it is not sufficient to show that the defendant’s conduct was negligent, grossly negligent or even reckless, since such findings will not...
RIGOR v. LIN25XOX ENTERTAINMENT, INC., et al.
On 2/13/18, Plaintiff, Roxanne Rigor filed a complaint against Defendants, LIN25XOX Entertainment, Inc. and Yulin Li for negligence and premises liability. Plaintiff’s complaint is premised on the allegation that she was lawfully on Defendants’ property (a pub and restaurant) when...
HUGHES CIONE VS DEMARCO
1. MOTION FOR ORDER PERMITTING THE DISCOVERY OF CROSS-DEFENDANT’S FINANCIAL CONDITION Motion by Cross-complainant DeMarco to seek discovery of Cross-defendants’ financial condition is denied. Civil Code § 3294(a) permits the recovery of punitive damages upon a clear and convincing showing...
McMillan vs. Braun
The Motion by Defendants Dayn Holstrom and Holstrom, Block + Parke, APLC to strike the punitive damages allegations / requests in Plaintiff’s Complaint is GRANTED. Plaintiff argues that the Motion was not timely filed. Defendants have presented credible evidence that...