What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

126-150 of 10000 results

KIEL VS WINSTON SCHOOL

Stop Huntingdon Animal Cruelty USA, Inc. (2005) 129 Cal.App.4th 1228, 1259) The Motion to Strike punitive damages is granted. There are insufficient specific facts pled to show that defendants acted with malice. (Civil Code § 3294; see also Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872) Leave to amend is granted. Plaintiff may file an amended complaint by October 30, 2020.

  • Hearing

    Oct 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ANIMAL PROTECTION AND RESCUE LEAGUE INC VS RAMIREZ

Motion to Strike In light of this court's ruling, sustaining Defendants North County Fair L.P. and EWH Escondido Associates, L.P.'s demurrer, without leave to amend, Defendants' motion to strike Plaintiffs' First Amended Complaint is moot.

  • Hearing

    Oct 15, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

ADM PROPERTIES, LP VS. ENCORE DIRECT MARKETING, LLC

Motion to Strike ***Motions off calendar***

  • Hearing

    Oct 15, 2020

GHAI VS AMERICAN CUPS & PLATES INC

Defendants' motion to strike/tax costs, challenging $1,470.00 of this total, is set for next week. ROA 82. No opposition has been filed to that motion. 2. Applicable Standards. California follows the "American rule," under which each party to a lawsuit ordinarily must pay his, her or its own attorney fees. Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc. (2012) 211 Cal.App.4th 230, 237; Trope v. Katz (1995) 11 Cal.4th 274, 278; Gray v. Don Miller & Associates, Inc. (1984) 35 Cal.3d 498, 504.

  • Hearing

    Oct 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SARASOTA CCM, INC. VS. JMC KO, INC.

Motion to Strike The court grants Plaintiff Sarasota CCM Inc.’s Motion to Strike the Answer (ROA 17) as to Defendant JMC Ko Inc. Defendant JMC Ko Inc. has 20 days after Notice of this Order to retain Counsel and file an Answer through Counsel. If no answer is filed on or before the deadline, Plaintiff can request default. Legal Standard A corporation is not a natural person and cannot appear in an action in propria persona or through its officers, directors, or employees.

  • Hearing

    Oct 15, 2020

GULLIERMO GUTIERREZ VS. SD LENDING LLC

(2) Defendant JEFFREY MIDDAUGH's Motion to Strike Portions of Plaintiff's Second Amended Complaint is MOOT. Given the ruling above, this motion is moot.

  • Hearing

    Oct 15, 2020

  • Type

    Real Property

  • Sub Type

    other

FLESCHMAN VS VOLVO CARS OF NORTH AMERICA LLC

THEREFORE, the motion to strike is GRANTED as to the civil penalties alleged in Paragraph 63. The motion is DENIED in all other respects.

  • Hearing

    Oct 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

TELICIA POWELL VS SABABA PROPERTIES, INC., ET AL.

The Special Motion to Strike is DENIED. DATED: October 15, 2020 ________________________. Hon. Robert S. Draper Judge of the Los Angeles County Superior Court

  • Hearing

    Oct 15, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ARTURO SANCHEZ, ET AL. VS NISSAN NORTH AMERICA, INC.

Motion to Strike Defendant’s motion to strike is moot in light of the ruling on the demurrer. Dated: October _____, 2020 Hon. Monica Bachner Judge of the Superior Court

  • Hearing

    Oct 15, 2020

OCEAN GARDEN PRODUCTS INC VS ROYAL CAPITAL HOLDINGS LLC

THEREFORE, the motion to strike is DENIED. Defendants Royal Capital Holdings, LLC and Jose Mayorquin shall file and serve an Answer to the First Amended Complaint no later than fourteen days after the date of this ruling. /n [1] The Court refers to the individual defendants by their first names because many have the same last name. No disrespect is intended.

  • Hearing

    Oct 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CATTOUSE VS KIA MOTORS AMERICA INC

Defendant's Motion to Strike is denied as moot.

  • Hearing

    Oct 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

A.P. EXPRESS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, VS BAY CITIES CONTAINER CORPORATION, A CALIFORNIA CORPORATION,

Motion to Strike Punitive Damages Cross-Defendants’ Motion to Strike punitive damages is rendered MOOT by the Court’s ruling on the Demurrer to the first and second causes of action.

  • Hearing

    Oct 15, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

ANIMAL PROTECTION AND RESCUE LEAGUE INC VS RAMIREZ

Defendants Jasmin Ramirez, Bark Adoptions and Bark Avenue Pets, LLC's motion to strike Plaintiffs' First Amended Complaint is DENIED. Plaintiffs argue that their First Amended Complaint was timely and properly filed on June 8, 2020 [ROA 120] in response to the demurrer filed by Defendant Alycia Ostermann on February 10, 2020 [ROA 74].

  • Hearing

    Oct 15, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

VERONIKA STIPKOVITS VS SZATHMARY

The hearings on the Demurrer and Motion to Strike in this matter are continued to Friday, October 23, 2020 at 1:30 p.m. in Department N-31. The Court notes that a Case Management Conference has been set for hearing together with the Demurrer and Motion to Strike. The Court notes that it intends to hold that Case Management Conference at the same date and time as the above-referenced Demurrer and Motion to Strike.

  • Hearing

    Oct 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LIMPIN VS. SAN DIEGO HOUSING COMMISSION

This matter was never set for trial and the only motion heard prior to the February 21, 2014, dismissal was SDHC's motion to strike portions of the petition. The court finds Plaintiff fails to establish grounds for excluding any time from computation of the 5-year time period. Even excluding the time period from this court's initial denial of SDHC's peremptory challenge 96/25/20 [ROA 35]) to the time the Court of Appeal dismissed SDHC's writ (7/15/20 [ROA 42]), the 5-years has still run.

  • Hearing

    Oct 15, 2020

  • Type

    Administrative

  • Sub Type

    Writ

RYU RAMEN, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. VS RYUTARO ISOBE

motion to strike ANSWER (filed 9/8/2020) Plaintiffs’ motion to strike Plaintiff’s answer and “counterclaims” is granted in part, denied in part. Plaintiffs’ answer stands, but the court strikes the “counterclaims” and grants leave to file and serve a separate stand-alone cross-complaint within 15 days. Discussion This is a fraud and breach of contract case.

  • Hearing

    Oct 15, 2020

GULLIERMO GUTIERREZ VS. SD LENDING LLC

(2) Defendant JEFFREY MIDDAUGH's Motion to Strike Portions of Plaintiff's Second Amended Complaint is MOOT. Given the ruling above, this motion is moot.

  • Hearing

    Oct 15, 2020

  • Type

    Real Property

  • Sub Type

    other

ANIMAL PROTECTION AND RESCUE LEAGUE INC VS RAMIREZ

Defendants Jasmin Ramirez, Bark Adoptions and Bark Avenue Pets, LLC's motion to strike Plaintiffs' First Amended Complaint is DENIED. Plaintiffs argue that their First Amended Complaint was timely and properly filed on June 8, 2020 [ROA 120] in response to the demurrer filed by Defendant Alycia Ostermann on February 10, 2020 [ROA 74].

  • Hearing

    Oct 15, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

HENRIK SHAHVERDIAN VS OVAKIM OVAKIMIAN

On August 17, 2020, Defendant’s demurrer and motion to strike portions of the Complaint came on for hearing. The court sustained Defendant’s demurrer as to the third through fifth causes of action and otherwise overruled the demurrer. Further, the court denied Defendant’s motion to strike as to the Prayer for Relief, paragraph 4 and otherwise found the motion to strike moot based on its ruling on Defendant’s demurrer. On September 8, 2020, Plaintiff filed his First Amended Complaint.

  • Hearing

    Oct 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANDREA SPEARS VS. HEALTH NET OF CALIFORNIA INC

The only authority cited by HNCA that appears to note a "post-pleading" motion to strike is Esparza v. Safeway, Inc. (2019) 36 Cal. App. 5th 42, 47 which HNCA describes as a case affirming the trial court's granting of a motion to strike PAGA claims because the plaintiffs' claims were time-barred. The opinion is not entirely clear as to the procedural context of the defendant's motion to strike in that long procedurally complex case.

  • Hearing

    Oct 15, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

GULLIERMO GUTIERREZ VS. SD LENDING LLC

(2) Defendant JEFFREY MIDDAUGH's Motion to Strike Portions of Plaintiff's Second Amended Complaint is MOOT. Given the ruling above, this motion is moot.

  • Hearing

    Oct 15, 2020

  • Type

    Real Property

  • Sub Type

    other

KIEL VS WINSTON SCHOOL

Stop Huntingdon Animal Cruelty USA, Inc. (2005) 129 Cal.App.4th 1228, 1259) The Motion to Strike punitive damages is granted. There are insufficient specific facts pled to show that defendants acted with malice. (Civil Code § 3294; see also Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872) Leave to amend is granted. Plaintiff may file an amended complaint by October 30, 2020.

  • Hearing

    Oct 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

GULLIERMO GUTIERREZ VS. SD LENDING LLC

(2) Defendant JEFFREY MIDDAUGH's Motion to Strike Portions of Plaintiff's Second Amended Complaint is MOOT. Given the ruling above, this motion is moot.

  • Hearing

    Oct 15, 2020

  • Type

    Real Property

  • Sub Type

    other

ANDREA SPEARS VS. HEALTH NET OF CALIFORNIA INC

The only authority cited by HNCA that appears to note a "post-pleading" motion to strike is Esparza v. Safeway, Inc. (2019) 36 Cal. App. 5th 42, 47 which HNCA describes as a case affirming the trial court's granting of a motion to strike PAGA claims because the plaintiffs' claims were time-barred. The opinion is not entirely clear as to the procedural context of the defendant's motion to strike in that long procedurally complex case.

  • Hearing

    Oct 15, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

VERONIKA STIPKOVITS VS SZATHMARY

The hearings on the Demurrer and Motion to Strike in this matter are continued to Friday, October 23, 2020 at 1:30 p.m. in Department N-31. The Court notes that a Case Management Conference has been set for hearing together with the Demurrer and Motion to Strike. The Court notes that it intends to hold that Case Management Conference at the same date and time as the above-referenced Demurrer and Motion to Strike.

  • Hearing

    Oct 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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