What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

226-250 of 10000 results

MORAN VS. FCA US, LLC

MOTION TO STRIKE 3.) MOTION FOR PROTECTIVE ORDER 4.) MOTION TO COMPEL PRODUCTION TENTATIVE RULING ON MOTIONS 1, 2, 3, & 4: Motions 1 & 2 TENTATIVE RULING: The demurrer by defendant FCA US, LLC to the sixth cause of action for fraudulent omission in plaintiff’s First Amended Complaint [FAC] is sustained, with leave to amend, based on failure to state facts sufficient to constitute a cause of action. (CCP 430.10(e).)

  • Hearing

    Oct 09, 2020

KNEIFL, ET AL. V. FOOTHILL REGIONAL MEDICAL CENTER, ET AL.

MOTION TO STRIKE The ruling on the demurrer renders moot Defendants’ motion to strike portions of the complaint. Defendants shall give notice of the ruling.

  • Hearing

    Oct 09, 2020

CJWORLD-LA, ET AL. VS 147-151 W. 25TH ST. LLC, ET AL.

Motion to Strike Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (See CCP §§ 435-437.) A party may file a motion to strike in whole or in part within the time allowed to respond to a pleading, however, if a party serves and files a motion to strike without demurring to the complaint, the time to answer is extended. (CCP §§ 435(b)(1), 435(c).)

  • Hearing

    Oct 09, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ADP, LLC, ET AL. VS ORNELAS & ASSOCIATES, ET AL.

Demurrer; Motion to Strike; Special Motion to Strike; Motion to be Relieved as Counsel Calendar: Case No.: 18BBCV00197 Hearing Date: October 09, 2020 Action Filed: December 7, 2018 Trial Date: June 07, 2021 Demurrer; Motion to Strike; MP: Plaintiff/Cross-Defendant ADP, LLC RP: Defendant/Cross-Complainant Brilliant Tax & Accounting Services, Inc. Special Motion to Strike MP: Plaintiff/Cross-Defendant ADP, LLC RP: Defendant/Cross-Complainant Brilliant Tax & Accounting Services, Inc.

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

WOSOUGHKIA VS. RAHGOSHAY

Motion to Strike. Cross-Defendant Fariborz Wosoughkia’s Motion to Strike Portions of the First Amended Cross-Complaint (“FAXC”) is DENIED in its entirety. (See Code Civ. Proc. § 435 and 436). Paragraphs 16-22 of the FAXC allege that Cross-Defendant made the defamatory statements with the specific intent to harm. This constitute “malice” as defined in Civ. Code § 3294, subd. (c)(a), which in turn supports a prayer for punitive damages.

  • Hearing

    Oct 09, 2020

QUEZADA VS RIVER SPRINGS CHARTER SCHOOL

As such, the special motion to strike is granted as to the claims regarding the federal counterclaim and crossclaim. The second element of malicious prosecution requires the prosecution of claims without probable cause. “An action is deemed to have been pursued without probable cause if it was not legally tenable when viewed in an objective manner as of the time the action was initiated or while it was being prosecuted.

  • Hearing

    Oct 09, 2020

AWI BUILDERS INC ET AL VS ALLIANT CONSULTING INC ET AL

On May 30, 2018, the Quad-C Defendants filed a special motion to strike all causes of action against them pursuant to Code of Civil Procedure section 425.16, also known as the anti-SLAPP (“strategic lawsuit against public participation”) statute. On February 28, 2019, the court issued an order granting the Quad-C Defendants’ anti-SLAPP motion in its entirety. (Order, filed February 28, 2019.) On July 25, 2019, the Quad-C Defendants were dismissed from this action with prejudice.

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JUAN ESTRADA, ET AL. VS JAMES FEINSTEIN, ET AL.

Based on the foregoing, the motion to strike is granted with leave to amend

  • Hearing

    Oct 09, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

VICTROLA 89 LLC VS JAMAN PROPERTIES 8 LLC ET AL

[TENTATIVE] ORDERS RE MOTION FOR LEAVE TO AMEND COMPLAINT; MOTION TO STRIKE AMENDED NOTICE OF ARBITRATOR DISQUALIFICATION Amend Complaint Plaintiff Victrola 89, LLC (“Plaintiff”) moved for leave to file a first amended complaint to add Michael Manheim’s wife, Janus Cercone, as a defendant.

  • Hearing

    Oct 09, 2020

CALIBER HOME LOANS, INC. VS NAIRA ADAMIAN, ET AL.

F-47 Date: 10/9/20 Case #20CHCV00036 MOTION TO STRIKE Motion filed on 9/2/20. MOVING PARTY: Plaintiff Caliber Home Loans, Inc. RESPONDING PARTY: Defendant Naira Adamian NOTICE: ok RELIEF REQUESTED: An order striking Defendant Naira Adamian’s unverified Answer filed on 3/9/20. RULING: The motion is granted with 20 days leave to amend. The Court notes that Plaintiff has failed to indicate that it complied with the statutorily required meet and confer process before it filed this motion to strike.

  • Hearing

    Oct 09, 2020

  • Type

    Real Property

  • Sub Type

    other

ESTRADA VS. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA

Defendant Automobile Club of Southern California’s Motion for Judgment on the Pleadings, or in the Alternative, Motion to Strike Portions of Plaintiff’s First Amended Complaint, is denied. Defendant’s Request for Judicial Notice is granted. The Motion for Judgment on the Pleadings is denied because it violates CCP §438(c) since it is not directed to an entire cause of action.

  • Hearing

    Oct 09, 2020

ARA AIRAPETIAN ET AL VS STATE FARM INSURANCE COMPANIES ET AL

On December 18, 2018, the Court ruled on Defendant’s demurrer and motion to strike in the Lead Case. The Court, among other things, sustained the demurrer to the third cause of action in the Lead Case complaint without leave to amend and granted the motion to strike as to punitive damages. On February 1, 2019, the parties in the 2d Action stipulated to the dismissal of the third cause of action of the complaint in that case and to the striking of the punitive damages claim from the complaint.

  • Hearing

    Oct 09, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

SUPERIOR COURT VS. BRENT OSTER FL COMPLAINT

This would trigger a second round of pleadings, a fresh motion to strike, and inevitably another request for leave to amend. By the time the moving party would be able to dig out of this procedural quagmire, the SLAPP plaintiff will have succeeded in his goal of delay and distraction and running up the costs of his opponent. Such a plaintiff would accomplish indirectly what could not be accomplished directly, i.e., depleting the defendant's energy and draining his or her resources.

  • Hearing

    Oct 08, 2020

GENIS VS COSTABILE

(6) For these reasons, the Court DENIES Escrow Defendants' motion to strike the attorney's fees allegations and prayers in the FAC. Escrow Defendants shall serve and file their Answer to the FAC consistent with the above and in conformity with the Code of Civil Procedure and the California Rules of Court by no later than October 28, 2020.

  • Hearing

    Oct 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GENIS VS COSTABILE

(2) The Court DENIES the motion to strike the attorney's fees allegations of the FAC at page 20, paragraph 97. These allegations are made against other defendants and not against McQueen Defendants as to the Eighth Cause of Action for Slander of Title. (3) The Court DENIES the motion to strike the attorney's fees prayer of the FAC at page 25, paragraph 3. This prayer relates to the First Cause of Action for fraud against the Costabiles.

  • Hearing

    Oct 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RE: MTN TO STRIKE RODNEY BATONGBACAL'S PET’N FOR INSTRUCTIONS

FILED ON 06/08/20 BY EDWIN BATONGBACAL, ERIC BATONGBACAL PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances Note: Opposition to Motion to Strike filed by Rodney Batongbacal on 9/29/2020 PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE John Wiebe and Terry Wiebe, sons, still needs to do the following: 1.

  • Hearing

    Oct 08, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

PHILLIPS 66 VS CITY OF RICHMON

Motion to Strike and Augment the Record In general the Court is inclined to have the record limited to documents that were submitted to the City’s on or before February 5, 2020. The Ordinance was approved February 4, 2020 and the Notice of Exemption was filed February 5, 2020. The Court would like to hear from the parties on whether the exhibits attached to the November 22, 2019 letter (tab 91) are properly part of the record. The rest of Levin’s request to strike portions of the record is denied.

  • Hearing

    Oct 08, 2020

FALK VS PALM SPRINGS AUCTIONS INC

ANY REQUEST FOR ORAL AGUMENT SHALL BE HEARD AT 9AM The Motion to Strike is DENIED.

  • Hearing

    Oct 08, 2020

MONTEZ VS US BANK NA

The motion to strike is denied as moot. Defendants shall submit a proposed judgment.

  • Hearing

    Oct 08, 2020

  • Type

    Real Property

  • Sub Type

    other

LEHECKA VS. J PAR INC

Demurrer and Motion to Strike Defendant J. Par, Inc.'s Demurrer to the Second Amended Complaint is SUSTAINED with leave to amend. (ROA 176.) Plaintiffs assert Defendant's demurrer and motion to strike are untimely. However, Plaintiffs have not provided any evidence of when their Second Amended Complaint was served on Defendant, nor was a proof of service of the Second Amended Complaint ever filed with the court. Accordingly, this argument is disregarded.

  • Hearing

    Oct 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SHARON DOYLE VS. JAMES GOTO

Defendant Albert Ryan ("Defendant")'s unopposed special motion to strike the first amended complaint (the "FAC") is granted. See Cal. Code Civ. P. § 425.16(b)(1). Defendant's request for judicial notice is taken as requested. See Cal. Evid. Code § 452(d). The court deems Plaintiff Sharon Doyle ("Plaintiff")'s lack of opposition to be a concession of the motion's merits.

  • Hearing

    Oct 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

RYAN PETERSON VS MORAY

Plaintiffs' unopposed motion to strike Defendant's answer and enter her default is granted. Cal. Code of Civil Procedure §§ 2030.300(e) and 2031.310(i). Defendant has failed to comply with the Court's order of 2/28/20 by serving responses to the written discovery and appearing for her duly noticed deposition on 3/18/20. It appears to the Court that Defendant has abandoned her defense of this action. Plaintiffs shall submit a request for entry of default judgment by 10/19/20.

  • Hearing

    Oct 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ZOBEL VS CALPINE CORPORATION

The following items are placed under seal: (1) defendants' notice of motion and motion to strike [ROA # 26], pg. 2, lines 7-16; and (2) defendants' memorandum of points and authorities in support of motion to strike [ROA # 27], pg. 6, lines 10-18, 22 and 22, pg. 9, lines 8-9, and pg. 10, lines 16-18. This minute order is the order of the Court. Defendants to give notice within two court days of this ruling.

  • Hearing

    Oct 08, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

SHARON DOYLE VS. JAMES GOTO

("CVS"), Anthony Carballo, and James Goto (collectively, "Defendants")'s unopposed motion to strike portions of the first amended complaint (the "FAC") is granted. See Cal. Code Civ. P. §§ 435(b), 436(a), and 425.13(a). The court deems Plaintiff Sharon Doyle ("Plaintiff")'s lack of opposition to be a concession of the motion's merits. In addition, the court finds that Plaintiff has not specifically alleged the ultimate facts establishing that Defendants' conduct amounts to oppression, fraud, or malice.

  • Hearing

    Oct 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

TESFAMARIAM VS S&A RESIDENTIAL TRUST DATED 05-23-03

Salzer's motion to strike punitive damages in plaintiffs Lemlem Yebio Tesfamariam, Negusse Weldeselassie, Yebio Tesfamariam, and Binyam Neguse's complaint is granted, with leave to amend. Defendant Defendants S.O.S. Management & Property Services, Inc.'s motion to strike punitive damages in plaintiffs Lemlem Yebio Tesfamariam, Negusse Weldeselassie, Yebio Tesfamariam, and Binyam Neguse's complaint is granted, with leave to amend.

  • Hearing

    Oct 08, 2020

  • Type

    Contract

  • Sub Type

    Breach

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