What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

1-25 of 10000 results

HOMAYOUN LARIAN VS EDWARD CZUKER, ET AL.

In that the Court has SUSTAINED the demurrer to the fourth cause of action, without leave to amend, the Court GRANTS Defendants’ motion to strike attorney’s fees. Finally, Plaintiff seeks statutory damages in connection with his sixth cause of action. The Court, though, has SUSTAINED the demurrer to the sixth cause of action, with leave to amend, such that Defendants’ motion to strike the request for statutory damages is DENIED, as MOOT.

  • Hearing

    Jul 26, 2020

  • Type

    Real Property

  • Sub Type

    other

MED CAFE CORP, A CALIFORNIA CORPORATION VS MOSTAFA KARIMBEIK, ET AL.

Motion to Strike Given the Court’s ruling on demurrer, Defendants’ motion to strike is DENIED, as MOOT.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANNE SHOYKHET, ET AL. VS NATHALIE DUBOIS, ET AL.

Accordingly, Defendant’s motion to strike is GRANTED, with twenty (20) days leave to amend, as to the prayer for exemplary, treble and punitive damages, and DENIED in all other respects.

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KOUROSH IZADPANAHI VS MARIA ALMA YOLANDA IBARRA DABDOUB, ET AL.

Motion to Strike Based on the Court’s ruling on demurrer, Defendant’s motion to strike is DENIED, as MOOT.

  • Hearing

    Jul 26, 2020

NINA MARIE JOHNSON VS IAN PATTON, ET AL.

As such, Defendants’ motion to strike is GRANTED, with twenty (20) days leave to amend, as to her request for attorney’s fees. Upon amending the complaint, Plaintiff shall provide the contractual basis for such a claim.

  • Hearing

    Jul 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

RE: PET'N FOR INSTRUCTIONS, TERM OF POWERS, REQ TO RTN

Motion to Strike Rodney Batongbacal’s Petition for Instructions filed 6-8-20 is set for hearing 10-08-20. 3. Motion for Judgment on the Pleadings re: Rodney Batongbacal’s Petition for Instructions filed 6-8-20 is set for hearing 10-08-20. PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Proof of Publication. PrC § 8120 2. Verified declaration by petitioner stating relationships of heirs listed in Item #8 of petition.

  • Hearing

    Jul 09, 2020

FLAG & SYMBOL, LLC. VS VALUE PRICE, LLC.

Defendants’ motion to strike is granted as to the prayer and allegations for punitive damages and denied as to the request for $2.5 million in damages for breach of the International Supplier Sales Agreements.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SUSHI BEAR, INC. VS. THE ONE SOLUTION

Motion to Strike for Sanctions. Moving Party: Plaintiff Sushi Bear, Inc. Responding Party: Defendants The One Solution, Inc. & June Jinoh Lee. Ruling: Plaintiff’s Motion to Strike the Demurrer, or in the alternative, enter Defendants’ default is DENIED. Plaintiff’s Motion for Sanctions is DENIED.

  • Hearing

    Jul 06, 2020

GUILFORD VS. BANK OF AMERICA, NATIONAL ASSOCIATION

Motion 2) Defendants’ motion to strike is granted as to paragraphs 57 and 64 and denied as to paragraph 51 and paragraph 12 of the prayer for damages. Plaintiff shall have 15 days leave to amend to address the issues in this ruling. In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pleaded by the plaintiff. (Grieves v. Superior Ct. (1984) 157 Cal.App.3d 159, 166; see also Smith v.

  • Hearing

    Jul 06, 2020

LEOBARDO VILLA BRAVO VS JOSE EMANUEL MALDONADO

CASE NO: 19STCV19422 [TENTATIVE] ORDER DENYING MOTION TO STRIKE Dept. 31 1:30 p.m. July 6, 2020 Plaintiff, Leobardo Villa Bravo filed this action against Defendant, Jose Emanuel Mandonado for damages arising out of an assault and battery. Plaintiff filed his complaint on 6/05/19, and Defendant filed an answer to the complaint on 8/29/19. Defendant moves to strike the complaint, contending Plaintiff has passed away and failed to substitute a successor-in-interest into the action.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JEFFREY BOYAJIAN, ET AL. VS SHAD GROVES, DC

Demurrer without Motion to Strike Having considered the demurring, opposing, and reply papers, the Court rules as follows. BACKGROUND On January 23, 2020, Plaintiffs Jeffrey Boyajian and Zayneb El-Shibib (“Plaintiffs”) filed a complaint against Defendant Shad Groves, DC (“Defendant”). The complaint alleges medical malpractice and loss of consortium for deficient chiropractic treatment rendered on March 2, 2019. On February 5, 2020, Plaintiffs filed a first amended complaint (“FAC”) against Defendant.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

WAYNE MASSIE VS CADENCE BUILDERS, LLC, ET AL.

CASE NO: 20VECV00421 [TENTATIVE] ORDER RE: DEMURRER AND MOTION TO STRIKE Dept. T 8:30 a.m. July 6, 2020 [TENTATIVE] ORDER: The Demurrer and Motion to Strike are TAKEN OFF CALENDAR AS MOOT. Introduction Defendants Cadence Builders, LLC; Wayne Ballinger; Nathaniel Ballinger and Nolan Ballinger (collectively “Defendants”) filed a demurrer and motion to strike against the Complaint filed by Plaintiff Wayne Massie (“Plaintiff”).

  • Hearing

    Jul 06, 2020

N B, ET AL. VS BURBANK UNIFIED SCHOOL DISTRICT, 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

    Jul 06, 2020

MIGUEL ANGEL OLVERA, ET AL. V. HYUNDAI MOTOR AMERICA, INC.

Where the issue is the propriety of damages allegations as compared to whether any claim has been stated, the proper procedural vehicle is a motion to strike. (Ibid.) And so, this argument is properly presented and considered in connection with the motion to strike below. Also, in any event, Defendant does not substantiate its argument. While Defendant asserts Plaintiffs are not entitled to replacement or restitution under Civil Code section 1793.2, it does not explain why.

  • Hearing

    Jul 02, 2020

MALLEY V. MOZER

Consequently, Plaintiff’s request for punitive damages must be stricken and Defendants’ alternative motion to strike is GRANTED WITH 20 DAYS’ LEAVE TO AMEND. Footnote 1: Defendants filed a reply, which was followed by a sur-reply filed by Plaintiff. However, there is no authority permitting the filing of a sur-reply, and therefore it will not be considered by the Court. (See Cal.

  • Hearing

    Jul 02, 2020

HIRAISHI V OXNARD UNION HIGH

For general information regarding Judge DeNoce and his courtroom rules and procedures, please visit: http://www.denoce.com _____________________________________________ PLEASE REVIEW THE NEW CIVIL RULES THAT ARE IN EFFECT AS A RESULT OF THE PANDEMIC, COURT CLOSURE, AND REOPENING: http://www.ventura.courts.ca.gov/covid19/CivilReopeningPlanFinal.pdf The court's tentative ruling is as follows: The Court considers the motion to strike moot in light of its intended ruling on the demurrer.

  • Hearing

    Jul 02, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

CHERYL COLE VS. RICK HAMPTON

The motion to strike attorney’s fees is granted with leave to amend.

  • Hearing

    Jul 02, 2020

MARTINEZ VS. AWCY, LLC

HEARING ON MOTION TO STRIKE PLAINTIFFS COMPLAINT FILED BY AWCY, LLC * TENTATIVE RULING: * Continued to September 3, 2020 at 9:00 AM in Dept. 33.

  • Hearing

    Jul 02, 2020

SHEHEDA ABUSAMAHA VS AAA AUTO CLUB ENTERPRISES, ET AL.

DEMURRER WITH MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT Date of Hearing: July 2, 2020 Trial Date: None set. Department: W Case No.: 19VECV00872 Moving Party: Defendant United Towing & Transport Responding Party: No opposition. Meet and Confer: Yes. (Silva Van Vo Decl. ¶¶3-4.) BACKGROUND On June 21, 2019, Plaintiff commenced this action against Defendants AAA Auto Club Enterprises (“AAA”), United Towing & Transport (“United”), and Progressive Insurance.

  • Hearing

    Jul 02, 2020

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

to Strike, or Tax, Memorandum of Costs (granted) Based on the recitation of the applications and motions filed by Plaintiff in this action above, the Court finds this case is closer to Bravo than to Morton.

  • Hearing

    Jul 02, 2020

SHILLETTE BUSBY, ET AL. VS RICHARD VAUGHN, ET AL.

On July 8, 2019, the Court sustained the Vaughn Defendants’ demurrer to the Complaint as to the first cause of action and granted their motion to strike with leave to amend as to punitive damages. Plaintiffs failed to file an amended complaint. The Vaughn Defendants filed an answer to the Complaint on August 8, 2019. On March 16, 2020, Plaintiffs’ counsel Gene M. Ramos, Esq. (“Counsel”) filed the instant motions to be relieved as counsel for Plaintiffs. No opposition was filed.

  • Hearing

    Jul 02, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

JAVIER DE LA ROSA VS LIMITLESS TRADING CO., LLC., A LIMITED LIABILITY CORPORATION, ET AL.

On February 10, 2020, Defendants filed the instant motion to strike specific portions of the complaint related quotes of the harassment. On February 18, 2020, Plaintiff filed an opposition. Legal Standard 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. (CCP § 435(b)(1); Cal. Rules of Court, Rule 3.1322(b).)

  • Hearing

    Jul 02, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

JOSHUA DUBINSKY VS JIM MULHEARN, ET AL.

Defendant 7476, Inc.’s special motion to strike the 1st, 5th, 6th, 10th, and 16th causes of action in the first amended complaint of Plaintiff Joshua Dubinsky is denied. Defendant Jim Mulhern’s joinder in 7476, Inc.’s special motion to strike is granted. Defendant Mulhern’s special motion to strike the 1st, 5th, 6th, and 16th causes of action in Plaintiff’s first amended complaint is denied. Plaintiff’s request for attorneys’ fees is denied.

  • Hearing

    Jul 02, 2020

MARIA RIVERA, ET AL. VS THE LAW OFFICE OF ZIEVES, BODNAK, & STEELE, LLP

The Motion to Strike portions of Plaintiffs’ FAC is rendered MOOT by the Court’s ruling on the demurrer above.

  • Hearing

    Jul 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

RICHARD S HIRSCHFIELD VS TANYA COHEN

Analysis First Prong—Protected Activity Cross-Defendant filed a special motion to strike paragraph 15, at 4:7-10 from the Cross-Complaint.

  • Hearing

    Jul 02, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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