What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

9976-10000 of 10000 results

MICHAEL MUNOZ VS FITNESS INTERNATIONAL, LLC

The parties are not permitted to file any additional briefs concerning the motion to strike, and Plaintiff must limit any additional opposition (per Code) to arguments concerning the amended demurrer papers only. If there is an additional opposition, Defendant must file a reply to the additional opposition per Code. Defendant is ordered to give notice.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ROMERO V. RANCHO RIO DEL SOL, LP, ET AL.

Motions: Defendants’ demurrer and motion to strike Tentative Ruling: To overrule Defendants’ demurrer to Plaintiff’s intentional infliction of emotional distress cause of action and to sustain the demurrer to the other causes of action, with leave to amend. (Code Civ. Proc. § 4310.10.) To deny Defendants’ motion to strike punitive damages. To grant Defendants’ motion to strike special damages, with leave to amend. (Code Civ. Proc. §§ 435, 436.)

  • Hearing

BIOFRONTERA INC. V. DUSA PHARMACEUTICALS, INC.

Motion to Strike Portions of Amended Complaint (filed on 1-15-19) is DENIED, without prejudice, as MOOT given the court’s ruling on Motion No. 1. Defendant is to give notice.

  • Hearing

ELENORE MARIE HELENE MESTDAGH VS DALE AARON JONES

Based on the foregoing, Defendant Keller William’s motion to strike is GRANTED with leave to amend. Conclusion Defendant Key’s motion to strike is DENIED. Defendant Keller Williams’ motion to strike is GRANTED with leave to amend. Moving party to give notice.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DE MONTEREY VENTURES LLC VS. TDE CAPITAL INC

See Code of Civil Procedure § 472(a) ("A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.")

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

GEORGE VILLASENOR, ET AL. VS VOLKSWAGEN GROUP OF AMERICA, INC., A NEW JERSEY CORPORATION

The Motion to Strike is DENIED.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DE MONTEREY VENTURES LLC VS. TDE CAPITAL INC

See Code of Civil Procedure § 472(a) ("A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.")

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

DE MONTEREY VENTURES LLC VS. TDE CAPITAL INC

See Code of Civil Procedure § 472(a) ("A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.")

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

EDWARD LEON GUY, III VS CRYSTAL PROPERTY MANAGEMENT, INC.,, ET AL.

On March 27, 2019, CPM filed its Demurrer to and Motion to Strike the Complaint. Plaintiff filed an Opposition to the Demurrer on April 30, 2019 and another Opposition to the Motion Strike on May 10. II. Failure to Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in good faith with the responding party “for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer” and motion to strike.

  • Hearing

  • Judge

    James E. Blancarte or Wendy Chang

  • County

    Los Angeles County, CA

ELENORE MARIE HELENE MESTDAGH VS DALE AARON JONES

Based on the foregoing, Defendant Key’s motion to strike is DENIED.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DE MONTEREY VENTURES LLC VS. TDE CAPITAL INC

See Code of Civil Procedure § 472(a) ("A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.")

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

BROWN VS. TGS MANAGEMENT CO, LLC

(1) Motion to Strike (2) ADR Review Hearing Ruling: (1-2) Off Calendar – no hearing will be held. Continued to 5-28-19, Dept. C11, at 2 pm. Clerk to give notice.

  • Hearing

SEMAJ CATO VS LINDA RICHARDS, 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. [Citation.]” (Clauson v.

  • Hearing

KAREN GORHAM VS CITY OF LOS ANGELES ET AL

The motion to strike portions of Plaintiff’s complaint is granted. 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

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

SP INVESTMENT FUND I LLC VS GABRIEL HAKIM ET AL

Defendants and Cross-Complainants Gabriel Hakim, Jr. and Joyce Hakim’s Motion to Strike and Tax Plaintiffs’ and Cross-Defendants’ Memorandum of Costs is GRANTED. $5,140.38 in costs is taxed from Plaintiffs and Cross-Defendants’ Motion for Attorneys’ Fees filed on April 8, 2019. SP seeks $5,140.38 in costs not claimed in their memorandum of costs in a motion for attorneys fees filed on April 8, 2019.

  • Hearing

SUSAN ZARRINNAM VS CITY OF LOS ANGELES ET AL

Motion to Strike Dangerous Condition and Gov Code §§ 830 through 835.2 by Defendant, City of Los Angeles, filed on 4/19/19, is GRANTED in part and DENIED in part. The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PAREDES V. CINNAMON CREEK WESTMINSTER ASSOCIATES, L.P.

1) Demurrer to Amended Complaint 2) Motion to Strike Portions of Complaint 3) Case Management Conference Defendants Cinnamon Creek Westminster Associates L.P. and Arker, Inc.’s demurrer to the first amended complaint (“FAC”) of plaintiffs Sophia Paredes, Monica Cannon, and Melody Caldwell, through her guardian ad litem, is sustained with 15 days leave to amend as to the fourth, sixth, and seventh cause of action. It is overruled as to the fifth cause of action.

  • Hearing

HOVHANNESS KELEJYAN VS JOSE SERRANO, ET AL.

“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.” (Code Civ. Proc., § 435.5, subd. (a).)

  • Hearing

MEHRAN MASJEDI VS BRIAN DAVID NESBITT

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

    Auto

TAMERA FAULKNER ET AL VS JOHN REGAN M D

s Motion to Strike Plaintiffs' Expert Witness, Jeffrey M. Silverman, filed on 4/26/19, is CONINTUED to June 3, 2019, at 1:30 p.m. Moving party is ordered to give notice.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

SYLVIA JONES VS THE ALBERTSONS COMPANIES, ET AL.

Accordingly, the motion to strike punitive damages allegations is granted with leave to amend. Likewise, the Court grants the motion to strike the prayer for attorneys’ fees, as Plaintiff has not alleged a basis for an award of such fees. Conclusion and Order The motion to strike is granted with leave to amend. Plaintiff is to file an amended complaint within twenty (20) days of notice of this order. Defendants shall to provide notice of this order and file a proof of service.

  • Hearing

ZAIDEN, ET AL. V. LA MARIPOSA CARE & REHAB CENTER, ET AL.

Demurrer and Motion to Strike filed by Defendant SENIOR CARE PHARMACY SERVICES OF FAIRFIELD, INC. TENTATIVE RULING The unopposed demurrer to the first, third, and fourth causes of action filed by Defendant SENIOR CARE PHARMACY SERVICES OF FAIRFIELD, INC., is sustained with leave to amend.

  • Hearing

CITY OF DANA POINT V. SOUTHERN CALIFORNIA RECOVERY CENTER

Grounds for demurrer or motion to strike are premature. Id. After leave to amend is granted, the opposing party will have the opportunity to attack the validity of the amended pleading. Id. The Court cannot determine at this juncture that the Cross-Complaint so clearly must fail in all respects that it should not be permitted to be filed. Any challenge directed at the Cross-Complaint should be made in accordance with regular motion procedure and assessed upon full briefing.

  • Hearing

VILMA CARRANZA VELASQUEZ VS SIDDHARTH GULATI, 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. [Citation.]” (Clauson v.

  • Hearing

SHEPERD VS. PICK, ET AL

Tentative Ruling on Motion to Strike: Defendant Robert Pick seeking an order striking the following from the complaint: (1) any reference to loss of business or loss of income; (2) any reference to punitive damages; (3) any reference to pain and suffering; (4) any reference to defendant Pick’s insurance coverage; and (5) the documentation attached to the complaint. Legal standard.

  • Hearing

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