What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

1-25 of 10000 results

ANGELA WATSON VS GILBERT A. CABOT

. § 435.5(b) “[a] party moving to strike a pleading that has been amended after a motion to strike an earlier version of the pleading was granted shall not move to strike any portion of the pleadings on grounds that could have been raised by a motion to strike as to the earlier version of the pleading.” Here, the attorney’s fees request was included in the SAC, but Defendants did not move to strike such request. The Motion to Strike Plaintiff’s Request for Attorney’s Fees is DENIED.

  • Hearing

    Oct 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MATTER OF YVETTE DEROUEN FIGUEROA

Notice of Motion and Motion to Strike Memorandum of Costs filed by Patricia Rettig is set for hearing 11-19-2020. 3. Request for Dismissal entered 7-21-2020 as to Petition to Transfer Trust Assets into Special Needs Trust. 4. It appears no underlying petition is on calendar in this matter.

  • Hearing

    Oct 01, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

ALVARO GALLEGOS, ET AL. VS LUCIANO GOMEZ, JR.

Accordingly, Defendants’ motion to strike is MOOT. On January 16, 2020, Plaintiffs Alvaro Gallegos, Jose L.

  • Hearing

    Sep 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BARBARA SANCHEZ V. DOES 1 THROUGH 100 INCLUSIVE, ET AL.

“In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff. [Citations.] In passing on the correctness of a ruling on a motion to strike, judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth. [Citations.] In ruling on a motion to strike, courts do not read allegations in isolation.” (Clauson v.

  • Hearing

    Sep 22, 2020

WEI SI VS ALAN MENG TANG, ET AL.

Therefore, the motion to strike is granted. Conclusion and Order Defendant’s motion to strike references to negligent entrustment is granted without leave to amend. Defendant shall provide notice and file proof of such with the Court. DATED: September 22, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Sep 22, 2020

HAGOP OGANIAN VS ZABEL OGANIAN

The Court previously granted a motion to strike Plaintiffs’ claims for prejudgment interest and attorney’s fees. Now, Defendant demurs to the first amended complaint, arguing that Plaintiffs failed to file the complaint within six months from the time their government claim was rejected. Plaintiffs do not oppose the demurrer, which is sustained. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v.

  • Hearing

    Sep 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOSEPH POPP VS VALLEYWIDE ESCROW, INC., A CALIFORNIA CORPORATION

On July 29, 2020, Defendant filed the instant motion to strike the references to attorney’s fees and punitive damages. ANALYSIS: I. Motion to Strike A. Legal Standard 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

    Sep 22, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

ANDRE NEUMANN V. GISELA . NEUMANN, ET AL.

The court cautions Gisela’s counsel that the other allegations would leave any amended cross-complaint vulnerable to a motion to strike those allegations. When submitting an amended cross-complaint, counsel would be well advised to delete or amend the other allegations in the elder abuse cause of action discussed above. Leave to amend the cross-complaint will include leave to make amendments to this cause of action. 6.

  • Hearing

    Sep 21, 2020

DENA MARSHALL VS. MARTIN JASSO ZAVALA

Defendant's motion to strike is GRANTED, with leave to amend. Moving party to give notice.

  • Hearing

    Sep 21, 2020

CHAN VS. TRANQUILITY, INC.

HEARING ON MOTION TO STRIKE PORTIONS OF 2nd Amended COMPLAINT FILED BY TRANQUILITY, INC. * TENTATIVE RULING: * In light of the Court’s ruling on the companion demurrer, Defendant’s Motion to Strike is moot. See Line 4 below.

  • Hearing

    Sep 21, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

CHAN VS. TRANQUILITY, INC.

After the deposition has been concluded, it is anticipated that the complaint in this matter can be amended to more particularly address the following pertinent issues raised on demurrer and motion to strike … Ms. Yee then lists 14 categories of pleading amendments “it is anticipated” can be made following the deposition. Ms. Yee seeks an open-ended extension of the time to file an amended complaint, based on this showing. The Court has two problems with this approach.

  • Hearing

    Sep 21, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

CHUNG & ASSOCIATES LLC ET AL VS XAVIER RUFFIN ET AL

On June 8, 2018, the court granted Plaintiff’s special motion to strike, striking the cross-complaint’s fourth cause of action. Two appeals are currently pending regarding the motion and fees. On January 9, 2019, the court granted Plaintiff’s motion for terminating sanctions and monetary sanctions in part, by (1) striking Defendants’ answer to the complaint and (2) striking the Defendants’ cross-complaint. On February 26, 2019, the court denied Defendants’ motion to vacate terminating sanctions.

  • Hearing

    Sep 21, 2020

GRUNFELD V. HYUNDAI MOTOR AMERICA

Additionally, Defendant seeks to tax $150.00 in costs anticipated by Plaintiff to be incurred for a motion for attorney’s fees, and $150.00 in costs anticipated by Plaintiff to be incurred for Defendant’s motion to strike/tax costs. Plaintiff has not met his burden in opposition to demonstrate that these costs are reasonable. It is not entirely clear from the opposition what these amounts are comprised of.

  • Hearing

    Sep 21, 2020

ERNEST CUADRA VS FEDEX GROUND PACKAGE SYSTEM, INC., A DELAWARE CORPORATION, ET AL.

Sutter discusses the definition of a primary right, but specifically states that it is for purposes of a special motion to strike (anti-SLAPP motion). (Sutter, supra, 193 Cal.App.4th at 659.) In opposition, Plaintiff argues that Fedex’s motion must be overruled because a demurrer seeking abatement is not proper when one action is pending in federal court and the other in state court. (Opposition, 4-6.) Plaintiff relies on Gregg v. Superior Court (1987) 194 Cal.App.3d 134, 136 for this argument (Gregg).

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

NOBIA JOYCE VS SHAWN M. MILLNER

The complaint, filed July 17, 2015, asserts causes of action against Defendants for: Partition (CCP §§ 872.210, 872.230, 872.820) Accounting Conversion Elder Abuse Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress On December 2, 2015, the court granted Defendants’ motion to strike out Joyce’s 4th-6th causes of action. On December 8, 2015, Shawn M. Millner (in her individual capacity only) and Todd filed a cross-complaint against Joyce.

  • Hearing

    Sep 21, 2020

SYNN HEE KANG VS JAMES MAN-GIL JUNG

Motion to Strike “Before filing a motion to strike . . . the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.”¿ (Cal.¿Civ. Proc.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

JOHN BRECKENRIDGE, ET AL. VS PARK WELLINGTON OWNERS' ASSOCIATION

Based on the foregoing, Defendant’s special motion to strike is moot. However, Defendant may bring a motion for attorneys’ fees and costs under C.C.P. §425.16(c). If Defendant brings a motion for attorneys’ fees and costs, it will be “entitled to ruling on the merits of [the special motion to strike], the result of which will necessarily determine [Defendant’s] right to attorney fees under [C.C.P. §425.16(c)].” (Id. at 218-219.) (June 20, 2019 Minute Order.)

  • Hearing

    Sep 21, 2020

HEINTZELMAN VS ALAM

Strike 3rd COA – Denied The motion to strike this cause of action is unclear. Defendant contends that there are not enough facts showing “dangerous propensity,” but if that were true defendant would have filed a demurrer, not a motion to strike. Section 436 “does not authorize attacks on entire causes of action, let alone entire pleadings. Its purpose is to authorize the excision of superfluous or abusive allegations.” Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 528.

  • Hearing

    Sep 21, 2020

SOLEIMANI & ASSOCIATES, APLC VS FARIBA DJAHANBANI

S&A’s motion to strike is GRANTED as to that request. The remainder of the motion to strike is MOOT, given the ruling on demurrer. Moving party is ordered to give notice.

  • Hearing

    Sep 21, 2020

SARAY ROMERO VAZQUEZ ET AL VS HUNTER WAYNE LASSOS ET AL

On September 6, 2018, the court granted defendants Inner Circle and Frontier’s motion to strike punitive damages from the complaint as to Inner Circle and Frontier. Plaintiffs filed a First Amended Complaint (“FAC”) on September 27, 2018. The FAC asserts a new cause of action for “Violation of Various Vehicle Code Sections” against all Defendants and alleges new facts to support a claim for punitive damages as to all defendants. On January 11, 2019, Cab West was dismissed without prejudice.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

GITI SHOUSHANI VS SHAVER KORFF CASTRONOVO LLP, ET AL.

MOTION TO STRIKE Defendants filed a motion to strike punitive damages in connection with the second cause of action as well as the reference to emotional distress damages thereto. Legal Standard “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.)

  • Hearing

    Sep 21, 2020

MORALES VS. TORRES GENERAL, INC.

Motion to Strike OFF CALENDAR NOTICE OF SETTLEMENT FILED 7/22/20

  • Hearing

    Sep 21, 2020

KABBOUT VS. ST. JOSEPH HEALTH

Motion to Strike Portions of Complaint OFF CALENDAR NOTICE OF WITHDRAW FILED 8/27/20

  • Hearing

    Sep 21, 2020

BBH HOLDINGS, LLC VS MEDTASTIC, LLC ET AL

Motion to Strike Medtastic’s Answer: BBH moves to strike Medtastic’s answer on the ground that it was filed by Beynon, who is not an attorney. There is no opposition. The answer was served by mail on February 14. Pursuant to CCP §§ 435(b)(1) and 430.40(b), BBH had 15 days to file a motion to strike. Counsel for BBH states in a declaration that he had an agreement with Beynon tolling the time to file a motion to strike while Beynon looked for an attorney to represent Medtastic.

  • Hearing

    Sep 18, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ALCOR LIFE EXTENSION FOUNDATION VS KARL E PILGERAM ET AL

The complaint (following defendants’ successful demurrer and motion to strike) asserts a single cause of action for declaratory relief. Kurt and Karl have cross-complained against Alcor for negligence, unfair business practices, breach of contract, and financial elder abuse, among other claims. On June 15, 2020, Kurt died. Kurt’s son, Benjamin Pilgeram (“Benjamin”), has been substituted in for Kurt as Kurt’s successor-in-interest by stipulation and court order.

  • Hearing

    Sep 18, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

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