What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

51-75 of 10000 results

JESSE OBREGON, JR. VS BANK OF AMERICA, N.A, ET AL.

Bank’s and NDSC’s Motion to Strike Based upon the ruling made on the demurrer, the motion to strike is denied as moot.

  • Hearing

    Oct 20, 2020

  • Type

    Real Property

  • Sub Type

    other

MEHRAN GHODOOSHIM VS ANDREWS FAMILY LAW AND MEDIATION MANAGEMENT, INC., ET AL.

Legal Standard On a special motion to strike pursuant to Code of Civil Procedure section 425.16, also known as an anti-SLAPP motion, moving parties have the initial burden to demonstrate that a cause of action is subject to a special motion to strike. (Martinez v. Metabolife Inter. Ins. (2003) 113 Cal.App.4th 181, 186; Fox Searchlight Pictures Inc. v. Paladino (2001) 89 Cal.App.4th 294, 304.)

  • Hearing

    Oct 20, 2020

  • Type

    Real Property

  • Sub Type

    other

JAMES SKADOWSKI VS KOSOYEN USA, INC, CORPORATION CALIFORNIA COMPANY, ET AL.

TENTATIVE RULING The hearing on Defendants Kosoyen USA, Inc. and Bong Soo Ju demurrer and motion to strike as to the First Amended Complaint is CONTINUED to November 20, 2020. Plaintiff asserts that he was not served with the demurrer and motion to strike. Plaintiff is deemed to have been served with the demurer and motion to strike as of the date of this order. Any opposition on the merits must be filed and served by November 9, 2020. Defendants to give notice of the continuance.

  • Hearing

    Oct 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOHN SANDY CAMPBELL VS LOS ANGELES UNIFIED SCHOOL DISTRICT

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

    Oct 20, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

CAMERON VS. FCA US, LLC

Moving Party is to give notice. (2) MOTION TO STRIKE is MOOT given the Court’s ruling on demurrer. Moving Party is to give notice.

  • Hearing

    Oct 20, 2020

THE ONE EXPERIENCE, LLC VS DAVID LOOMSTEIN

David Loomstein, Case No. 20SMCV00478 Hearing Date October 20, 2020 Defendant’s Motion to Strike (Anti-SLAPP) and Motion for Undertaking – Supplemental Brief Defendant’s anti-SLAPP motion argued his alleged statements constituted protected activity. The court ruled defendants’ alleged statements constitute protected activity, and asked plaintiff to provide further evidence of damages to determine whether there was a reasonable probability that plaintiff would prevail.

  • Hearing

    Oct 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ERIC DUFFY VS ADAM HAVENER

[TENTATIVE] ORDER RE: DEFENDANT ADAM HAVENER’S SPECIAL MOTION TO STRIKE PLAINTIFF’S COMPLAINT (CCP §425.16) This is an action arising out of the fallout from an alleged abusive relationship between Plaintiff Eric Duffy (“Duffy” or “Plaintiff”) and Defendant Adam Havener (“Havener” or “Defendant”). Each party has sued each other, though this motion only involves Duffy’s pleading in Case No. 20STCV16142.

  • Hearing

    Oct 20, 2020

ROBERT SCOTT SHTOFMAN VS JULIE C LIM ET AL

On June 9, 2017, Plaintiff filed a special motion to strike the corrected First Amended Cross-Complaint pursuant to Code of Civil Procedure § 425.16. On July 20, 2017, the court (the Hon. David Sotelo) granted Plaintiff/Cross-Defendant’s special motion to strike. (Minute Order 7/20/17.) On July 28, 2017, notice of entry of order on Plaintiff’s special motion to strike was filed and served to all parties.

  • Hearing

    Oct 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

AREA J, LLC ET. AL. VS. HOPE OF THE VALLEY

F-49 Calendar # 7 Date: 10-20-20 Case #PC058821 Trial Date: 6-10-21 SPECIAL MOTION TO STRIKE MOVING PARTY: Defendant/Cross-Defendant, Hope of the Valley RESPONDING PARTY: Plaintiffs/Cross-Complainants, Area J, LLC, Harbor Recuperative Care, David Delaplane RELIEF REQUESTED Special Motion to Strike the Cross-Complaint of Area J, LLC, Harbor Recuperative Care, David Delaplane SUMMARY OF ACTION In 2014, Defendant Hope of the Valley purchased 11134 Sepulveda Blvd., Mission Hills.

  • Hearing

    Oct 20, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LUIS RAMIREZ DIAZ, ET AL. VS NISSAN NORTH AMERICA, INC

Motion to Strike Defendant moves to strike punitive damages from plaintiffs’ complaint. Because plaintiffs have adequately alleged fraud, which provides a basis for the recovery of punitive damages, defendants’ motion to strike punitive damages is denied. Defendant’s demurrer is overruled, the motion to strike denied. Defendant is ordered to give notice and answer the complaint within 30 days of this ruling. Date: October 20, 2020 Honorable Stuart M. Rice Judge of the Superior Court

  • Hearing

    Oct 20, 2020

STRATEGIC FUNDING SOURCE, INC., A NEW YORK CORPORATION VS AMERICA DATA SERVICES LLC, ET AL.

America Data Services, LLC, Case No. 19SMCV01866 Hearing Date October 20, 2020 Defendants’ Motion to Strike the Complaint Plaintiff allege defendants defaulted on a $120,000 loan. Defendants move to strike the complaint, based on an arbitration provision in the contract. The relief sought is more properly styled as a motion to compel arbitration, but in the interest of respecting substance over form, the court will address this as a motion to compel arbitration.

  • Hearing

    Oct 20, 2020

SHEHEDA ABUSAMAHA VS AAA AUTO CLUB ENTERPRISES, ET AL.

Before filing a demurrer or motion to strike, the moving party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer or motion to strike. (CCP §§430.41, 435.5.)

  • Hearing

    Oct 19, 2020

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

Accordingly, the motion to strike is granted with leave to amend. Conclusion For the foregoing reasons, the Court sustains the demurrer to second cause of action with leave to amend and overrules the demurrer to the entire SAC. The Court grants the motion to strike with leave to amend. DATED: October 19, 2020 ________________________________ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court

  • Hearing

    Oct 19, 2020

DAVIDSON LISA VS WOODLAND HILLS DELI MARKET, CORP.

Plaintiff filed the instant Motion to Strike Answer on June 30, 2020. Defendant filed a substitution of attorney on September 16, 2020 and an opposition to the Motion on October 2, 2020. The Motion to Strike is brought pursuant to Code of Civil Procedure section 436 on the grounds that Defendant, despite being a corporation, was not represented by an attorney at the time the Answer was filed.

  • Hearing

    Oct 19, 2020

  • County

    Los Angeles County, CA

MONACARO CORPORATION VS NEXTITLE, ET AL.

Therefore, NexTitle’s motion to strike the FAC’s relevant portions for attorneys’ fees is denied. Conclusion Based on the foregoing, NexTitle’s demurrer to the FAC is overruled. NexTitle’s motion to strike punitive damages claim and supporting allegations is granted with 30 days leave to amend. NexTitle’s motion to strike attorney’s fees is denied. NexTitle is to give notice of this ruling. DATED: October 19, 2020 ________________________________ Hon. Teresa A.

  • Hearing

    Oct 19, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

CRUZ V. ABDELAZIZ

Accordingly, “[s]ince [Code of Civil Procedure] section 425.16, subdivision (c) provides for an award of attorney fees and costs to a prevailing defendant on a special motion to strike, and does not preclude recovery of appellate attorney fees by a prevailing defendant-respondent, those fees are recoverable.” (Dove Audio, Inc. v. Rosenfield, Meyer & Susman (1996) 47 Cal.App.4th 777, 785; Lucky United Properties Investment, Inc. v.

  • Hearing

    Oct 19, 2020

  • Type

    Contract

  • Sub Type

    Contract - Other

LUNA V. BRUCE

Grounds for demurrer or motion to strike are premature, since after leave to amend is granted the opposing party will have the opportunity to attack the validity of the amended pleading. (Kittredge Sports Co. v. Sup. Ct. (Marker, U.S.A.) (1989) 213 Cal.App.3d 1045, 1048.) Generally, the type of legal insufficiency supporting denial of leave to amend is in the nature of a legal bar that cannot possibly be cured by amendment (such as a statute of limitations, or res judicata). (See Yee v.

  • Hearing

    Oct 19, 2020

SIDDIQI VS DHG INVESTMENTS, LLC

Accordingly, the Demurrer and Motion to Strike Portions of Complaint, are deemed to have been filed as of May 26, 2020. The Motion to Compel Response/Further Responses to Request for Production is deemed filed as of May 26, 2020. The Motion for Sanctions (CCP 128.7) is deemed filed as of May 27, 2020. Defendants must promptly pay the filing fees for these motions. The parties shall be prepared to select convenient hearing dates for the upcoming motions at the hearing on this motion.

  • Hearing

    Oct 19, 2020

HWA JA PARK, ET AL. VS SAMHO TOUR, 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

    Oct 19, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RAMESH KHALILI VS LEON T. SMITH, ET AL.

“Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum.” (Cal. Rules of Court, rule 3.1700, subd. (b).) If the memorandum of costs is served via mail, the time to file a motion to strike or tax costs is extended by 5 calendar days as provided by Code of Civil Procedure section 1013. (Id.)

  • Hearing

    Oct 19, 2020

ANTONIO JAUREGUI VS ASHLEY JAUREGUI, ET AL.

Financial Elder Abuse RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and prayers for punitive damages. RULING: The demurrer is overruled. The motion to strike is granted with 20 days leave to amend. Defendant Ashley Jauregui has improperly included her demurrer, request for judicial notice and motion to strike in one document and both parties have failed to bookmark documents or make them text searchable.

  • Hearing

    Oct 19, 2020

  • Type

    Real Property

  • Sub Type

    other

GARCIA VS. ARTEAGA

Plaintiff’s motion to strike Defendant’s Opposition is denied. Defendant contends that he timely served responses to Plaintiff’s discovery requests because the parties agreed to extend Defendant’s deadline to respond. In support of this contention, Defendant submits an email dated March 12, 2020 from Defendant’s counsel, Jeffrey A. Sklar, to Plaintiff’s prior counsel, Robert Little. (Sklar Decl., ¶ 4, Ex. 1.) Mr.

  • Hearing

    Oct 19, 2020

MARVIN TARNOL, ET AL. VS UNITED FABRICARE SUPPLY, INC.

The Court cautions the parties that a code-compliant meet and confer effort is required for each demurrer and motion to strike on subsequent pleadings. Request for Judicial Notice Plaintiffs request that the Court take judicial notice of: 1) Articles of Incorporation of Clenacorp registered with the California Secretary of State under entity no.

  • Hearing

    Oct 19, 2020

JAMILA SOZAHDAH VS DRIP DOCTORS, INC., ET AL.

On July 30, 2020, Sozadah filed the instant Special Motion to Strike under the Anti-SLAPP Statute (CCP § 425.16) against Ho’s seventh cause of action. The Court considered the moving, opposition, reply papers, and rules as follows. Special Motion to Strike Standard under the Anti-SLAPP Statute (CCP § 425.16): In determining whether to grant or deny a Code of Civil Procedure section 425.16 special motion to strike, the court must engage in a two-step process. Shekhter v.

  • Hearing

    Oct 19, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

LUIS OLIVEIRA VS GENERAL MOTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY

On the Court's own motion the Demurrer and Motion to Strike set for October 20, 2020 are continued to January 28, 2021 at 9 AM in Department 10A. The Further Case Management set for November 17, 2020 is continued to January 28, 2021 at 9 AM to coincide with the Demurrer and Motion to Strike. Hon. George J. Abdallah, Jr.

  • Hearing

    Oct 19, 2020

  • Judge

    George J. Abdallah

  • County

    San Joaquin County, CA

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