What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

1-25 of 10000 results

HAI YING RUAN, ET AL. VS CUONG THOAI DIEP, ET AL.

Motion to Strike Based upon the recommendation made on the demurrer, Defendants’ motion to strike portions of the complaint is MOOT.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SATICOY DEVELOPMENT COMPANY LLC ET AL VS SKYLAR L GAUSS ET AL

Nature of Proceedings: (3) Demurrers; Motion to Strike; Motion for Leave to File Third Amended Complaint Tentative not yet posted, please check again.

  • Hearing

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

BENJAMIN LINARES ALCARAZ VS JAMES DEVALL LANGHORNE

Nature of Proceedings: Motion to Strike Tentative not yet posted, please check again.

  • Hearing

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ADRIAN MADDEN VS GURUCUL SOLUTIONS, LLC

On November 23, 2020, the Court denied Defendant’s motion to strike the allegations of requests for punitive damages from the FAC. Before the Court is Defendant’s unopposed motion to seal the unredacted FAC, filed on November 3, 2020. ANALYSIS: I. Motion to Seal A. Request for Judicial Notice Defendant requests that the Court take judicial notice of the FAC. The Court DENIES Defendant’s request as superfluous. (Cal. Rules of Court, rule 3.1110(d).)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

CALIFORNIA DUI LAWYERS ASSN ET AL VS CALIFORNIA DEPT OF MOTO

The Current Motion Defendants filed a motion to strike or tax costs (the “Motion”) and assert that: (1) the memorandum of costs is untimely and should be stricken in its entirety; and (2) if the Court declines to strike Plaintiffs’ memorandum of costs in its entirety, the Court should tax specific items therein because they are unnecessary or unreasonable.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

HAIM¿ AHRONI VS LISA¿ DIANE HARPER, ET AL.

LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).)

  • Hearing

FROM THE EARTH, LLC VS CITY OF COMMERCE, ET AL.

Legal Standard A special motion to strike under Code of Civil Procedure section 425.16 — the anti-SLAPP statute — allows a defendant to seek early dismissal of a lawsuit that qualifies as a SLAPP, that is, a strategic lawsuit against public participation. (Nygard, Inc. v. Uusi-Kerttula (2008) 159 Cal.App.4th 1027, 1035.)

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

JINKUN CHA, ET AL. VS PACIFIC EXPRESSWAY, INC., A CORPORATION , ET AL.

Motion to Strike Viewsonic further moves to strike the prayer for prejudgment interest determined and accrued according to applicable statutes. California law authorizes a party’s motion to strike matter from an opposing party’s pleading if it is irrelevant, false, or improper. (CCP §§ 435; 436(a).) Motions may also target pleadings or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or orders. (CCP § 436(b).)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JINSONG SHI VS ALG LAWYERS INC., ET AL.

Nevertheless, unsupported attorneys fee allegations need not be stricken pursuant to a motion to strike, since later discovery may reveal a basis for their recovery. (Camenisch v. Superior Court (1996) 44 Cal.App.4th 1689, 1699.) The motion to strike is denied. Date: December 1, 2020 Honorable Stuart M. Rice Judge of the Superior Court

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

XIAOXING ZHANG VS ZHE ZHANG, ET AL.

MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The notice of motion to strike a portion of a pleading shall quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count or defense.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ARTURO LANDEROS VS GENERAL MOTORS, LLC

On the Court’s own motion, the Hearing on Demurrer - with Motion to Strike (CCP 430.10), filed by Defendant General Motors, LLC and scheduled for December 1, 2020 at 8:30 a.m., is CONTINUED to February 9, 2021, at 8:30 a.m in Department 19 at Stanley Mosk Courthouse. The Case Management Conference is also continued to February 9, 2021 at 8:30 a.m.

  • Hearing

BAHRAM JARIDIAN VS SUBARU OF AMERICA, INC., ET AL.

Motion to Strike Any party may file a timely notice of a motion to strike the whole or any part of a pleading. (Code Civ. Proc., § 435, subd. (b).) For the purpose of a motion to strike, the Code of Civil Procedure defines a "pleading" as a demurrer, answer, complaint, or cross-complaint. (Code Civ. Proc., § 435, subd. (a)(2).)

  • Hearing

MIRNA VILLANUEVA, ET AL. VS LAUREN LEE

Therefore, the motion to strike is granted with leave to amend. Defendant is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

LORETTA JEAN PADILLA VS THOMAS GIANDOMENICO

.: 20STCV14529 Hearing Date: December 1, 2020 [TENTATIVE] order RE: DEMURRER AND MOTION TO STRIKE Plaintiff Loretta Jean Padilla (“Plaintiff”) filed this action on April 15, 2020, following which Defendant Thomas Giandomenico (“Defendant”) filed a demurrer and motion to strike. Prior to the hearing, Plaintiff filed a first amended complaint. Therefore, the demurrer is overruled, and motion to strike is denied, as moot. Plaintiff shall provide notice and file proof of such with the Court.

  • Hearing

VICTOR A. VALENCIA VS CHARLENE Y. BROUSSARD

.: 19STCV45073 Hearing Date: December 1, 2020 [TENTATIVE] order RE: MOTION TO STRIKE Plaintiff Victor A. Valencia (“Plaintiff”) filed a complaint on December 13, 2019, following which Defendant Charlene Y. Broussard (“Defendant”) filed a motion to strike. Prior to the hearing, the parties stipulated that Plaintiff may file a first amended complaint. Therefore, the motion to strike is denied as moot. Plaintiff shall provide notice and file proof of such with the Court.

  • Hearing

GRACE IONA CARTER VS. JASPER BROWN

. _____________________________ TENTATIVE RULING The motion to strike Plaintiff's punitive damages claim against Defendant AHA is moot in light of the Court's ruling sustaining AHA's concurrently filed demurrer. Moreover, it does not appear that Plaintiff seeks punitive damages from AHA, and thus there would be no basis to grant the motion in any event.

  • Hearing

BLANCA Y NAVARRO, ET AL. VS ROBERT WU, ET AL.

The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BLUE TOWN, LLC VS SOUTHWEST SERVICES GROUP, LLC, ET AL.

A motion to strike can be made to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of the court. (§ 436.) Discussion Plaintiff moves to strike Southwest’s and RT’s answers, on the grounds that both corporate entities are impermissibly self-representing, and because RT is a suspended corporation.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

STARA ORIEN VS MISTA L LUTZ ET AL

On December 6, 2019, Plaintiff filed a Motion to Strike Notice of Lien against Chelese’s Nevada Judgment lien, which was also set for hearing on January 2, 2020. On January 2, 2020, while the Court decided on Defendants, Ms. Lutz and Mr. Howell’s Motions, the Court deferred ruling on Plaintiff’s Motion to Strike Notice of Lien to “allow lien claimant, Conway, the opportunity to serve Plaintiff with notice of sister state judgment and related papers” and encouraged Chelese and Ms.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

BORISOV VS WELLS FARGO MERCHANT SERVICES, LLC

The Motion to Strike is GRANTED. Plaintiff has not alleged fraud as a cause of action.

  • Hearing

NEIL YESCHIN VS HYUNDAI MOTOR AMERICA

Defendant’s motion to strike Plaintiff’s request for civil penalties is denied. Date: November 30, 2020 Honorable Stuart M. Rice Judge of the Superior Court

  • Hearing

GINA BORGIA GARNICA, ET AL. VS PETER SCHULAM, ET AL.

Ordinarily, the court will not consider the validity of the proposed amended pleading in ruling on a motion for leave since grounds for a demurrer or motion to strike are premature. The court, however, does have discretion to deny leave to amend where a proposed amendment fails to state a valid cause of action as a matter of law and the defect cannot be cured by further amendment. (See California Casualty General Ins. Co. v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

BHARDWAJBHAI PATEL VS FRANCISCO MARTINEZ BALSECA

Defendant’s motion to strike is granted without leave to amend. Defendant is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

JENNIFER LITTLE VS JONATHAN LOPEZ ET AL

On September 3, 2020, Plaintiff filed a motion to strike and/or tax costs. On September 28, 2020, Plaintiff filed a notice of appeal and related documents from the judgment. PARTY’S REQUEST Plaintiff requests the Court to strike and/or tax Defendant’s costs. LEGAL STANDARD Code of Civ. Proc. §1033.5(c) states, in relevant part: “Any award for costs shall be subject to the following: (1) Costs are allowable if incurred, whether or not paid.

  • Hearing

NATHAN MADANI VS O'GARA COACH COMPANY LLC, A LIMITED LIABILITY COMPANY, ET AL.

The instant demurrer and motion to strike were filed on September 3, 2020. Plaintiff has filed proof of service by mail within California of the Second Amended Complaint on July 16, 2020. In light of the short delay, the court considers the untimely demurrer. Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

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