What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

151-175 of 10000 results

STUART J CARTER VS SERGE BUENO, ET AL.

Motion to Strike Defendants seek to strike the request for attorney fees. Because the demurrer is sustained, this motion to strike is moot. Defendants move to strike the alter ego allegations. At this point in the litigation, the allegations are sufficient and the motion is denied. Conclusion The demurrer is SUSTAINED with 15 days leave to amend. The motion to strike is DENIED. The Case Management Conference is continued to December 28, 2020 at 8:30 a.m. Moving party to give notice.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DAVIS VS PURPLE MOUNTAIN EMPIRE X LLC

As plaintiff has failed to establish a probability that he will prevail on his claims, the motion to strike all of the causes of action is granted. A defendant prevailing on a special motion to strike is entitled to recover attorney's fees and costs. Code Civ. Proc. § 425.16(c). Plaintiff has not challenged the requested fees and they are substantiated by the declaration of defendant's counsel. Therefore, defendant is awarded fees in the amount of $5,472.50.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SWEIS VS. SAWIES

Motion to Strike Portions of Complaint (1)The Demurrer by defendant Nader Sawies (“Defendant”), to the Second Amended Complaint by plaintiff Suha Sweis (“Plaintiff”), is sustained without leave to amend. Defendant demurs to the first cause of action for violation of the Ralph Act (Civ.

  • Hearing

    Oct 22, 2020

DOCTORS HOSPITAL OF MANTECA, INC. VS GARDNER TRUCKING, INC.

“A motion to strike, like a demurrer, challenges the legal sufficiency of the complaint’s allegations, which are assumed to be true.” (Blakemore v. Superior Court (2005) 129 Cal.App.4th 36, 53; citation omitted.) “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. [C]ourts do not read allegations in isolation.” (Clauson v.

  • Hearing

    Oct 22, 2020

LISA CARR KING VS MARIE HAND

Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (CCP §§ 430.41.) Counsel’s declaration satisfies the meet and confer requirement. (Whitman Decl. ¶¶ 2-3.)

  • Hearing

    Oct 22, 2020

  • Type

    Real Property

  • Sub Type

    other

CHAMPION MORTGAGE LLC VS DANIEL P. VALOV, ET AL.

.: 19STCV07807 Hearing Date: 10/22/2020 [TENTATIVE] RULING RE: Motion to Strike Answer Plaintiff’s Motion to Strike is denied. Procedural Considerations Timely Filing A motion to strike an answer must be filed within 10 days after service of the answer. (CCP §§ 430.40(b) (party may demur to an answer within 10 days after service of the answer), 435(b)(1) (party may file a motion to strike a pleading within the time allowed to respond); Cal.

  • Hearing

    Oct 22, 2020

  • Type

    Real Property

  • Sub Type

    other

MORENO VS K KOVNANIAN'S FOUR SEASONS

In connection with that hearing, the Court issued a Tentative Ruling on the motion to strike on September 21, 2020. On September 22, 2020, the Court continued the hearing to October 22, 32020, to permit Supplemental briefing. Based upon the earlier Tentative Ruling and supplemental briefs, the Court now DENIES the motion to strike. Defendant relies on outside evidence. The grounds for a motion to strike must appear from the pleading or from matters which the court may take judicial notice. (CCP §437.)

  • Hearing

    Oct 22, 2020

ISRAEL GONZALES VS MERCEDES-BENZ USA, LLC

Under Rule 3.1700(b)(1), “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).”

  • Hearing

    Oct 22, 2020

KEVIN DESHAN MABRY VS DR. CHRISTENSEN, ET AL.

The parties are reminded that there is a CMC on calendar concurrently with today’s hearing on Defendants’ demurrer and motion to strike. The parties are asked to appear remotely due to the ongoing covid-19 pandemic. Defendants’ demurrer is sustained with leave to amend. Defendants’ motion to strike is granted without leave to amend. Plaintiff is ordered to file an amended complaint within thirty days. Defendants are ordered to file a responsive pleading within the statutory time thereafter.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

GOUGH VS KIA MOTORS AMERICA INC

Defendant's Motion to Strike Plaintiff's First Amended Complaint is GRANTED IN PART and DENIED IN PART. (ROA 75.) As to Plaintiff's punitive damages allegations, the motion is granted. (FAC ¶ 54 and p. 26, ln. 3.) Plaintiff has not sufficiently stated a fraud claim, and has elected to pursue civil penalties under the Song Beverly Act in lieu of punitive damages. As to Plaintiff's civil penalty allegations, the motion is denied. (FAC ¶ 94.)

  • Hearing

    Oct 22, 2020

  • Type

    Contract

  • Sub Type

    Breach

DAVIS VS PURPLE MOUNTAIN EMPIRE X LLC

As plaintiff has failed to establish a probability that he will prevail on his claims, the motion to strike all of the causes of action is granted. A defendant prevailing on a special motion to strike is entitled to recover attorney's fees and costs. Code Civ. Proc. § 425.16(c). Plaintiff has not challenged the requested fees and they are substantiated by the declaration of defendant's counsel. Therefore, defendant is awarded fees in the amount of $5,472.50.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GENNAWEY VS HARBORVIEW INN LLC

Defendant's motion to strike is granted as to punitive damages without leave to amend and denied as to attorney's fees. Punitive damages are requested in the fourth cause of action for nuisance (¶ 101) and the eighth cause of action for breach of covenant (¶ 142) seemingly based on malice and oppression. Punitive damages are also requested in the prayer as to unspecified causes of action.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

FLORES VS FCA US LLC

Defendants' motion to strike is DENIED. Plaintiff to serve notice on all parties within two court days of this ruling.

  • Hearing

    Oct 22, 2020

  • Type

    Contract

  • Sub Type

    Breach

MORALES VS. NISSAN NORTH AMERICA, INC.

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

  • Hearing

    Oct 22, 2020

KANAWYER V. FCA US LLC

Motion to strike is MOOT.

  • Hearing

    Oct 22, 2020

ADAM ASHBY, ET AL. VS HENRY NIVICHANOV, ET AL.

(1) DEMURRER TO PLAINTIFFS’ SECOND AMENDED COMPLAINT; (2) MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ SECOND AMENDED COMPLAINT; (3) MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ SECOND AMENDED COMPLAINT MOVING PARTY: (1)-(2) Defendants Henry Nivichanov and B.R.U., Inc.; (3) Defendant Jeffrey D.

  • Hearing

    Oct 22, 2020

BOBBY GOSSAI VS PAUL J. DERANIA, ET AL.

Finally, to the extent that Plaintiff may be attempting to seek appellate review of the Court’s order, that authority is already built into CCP § 425.16 which specifically states: “An order granting or denying a special motion to strike shall be appealable under Section 904.1.” Code Civ. Proc., § 425.16(i). With the Reply, Plaintiff appears to clarify that he may be seeking relief under CCP § 166.1 rather than CCP § 166.

  • Hearing

    Oct 22, 2020

ZACH PHILLIPS, ET AL. VS ENCINO OAKS HOMEOWNERS ASSOCIATION, ET AL.

Motion to Strike Defendant State Restoration moves to strike the damage allegations at paragraph 22, page 5, lines 1-3; page 5, line 26; paragraph 29, page 6, lines 2-6, paragraph 30, page 6, lines 7-9, the entirety of the fifth cause of action, the entirety of the sixth cause of action, and the entirety of the Prayer at page 9, lines 9-24 or alternatively, paragraph 1 of the Prayer, page 9, lines 10-13; paragraphs 2-4 of the Prayer at page 9, lines 14-17. The court denies the motion to strike.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ZISHEN AI VS BAOHONG TANG

Motion to strike attorney’s fees is DENIED. Defendants have 10 days to file an answer.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DARLENE AGARWALA, ET AL. VS JEAN-PAUL CYRIL ISSOCK, ET AL.

The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CCP § 436. The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. CCP § 437. The motion to strike as to the entire Complaint is denied for the reasons already noted above.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CHERIE S LEWIS VS CHRISTOPHER FITZGERALD, MD, ET AL.

On October 8, 2019, Fitzgerald filed a demurrer to the first through fourth causes of action and motion to strike. On July 30, 2020, the Court sustained the demurrer with leave to amend as to the third cause of action for fraud and otherwise overruled the demurrer. Plaintiff filed a first amended complaint (“FAC”) in which he substituted a negligence cause of action for the fraud cause of action. Fitzgerald demurred to that cause of action.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SHANNEN DAMNER ET AL. VS SHERI LANDGRAF ET AL.

To attend the remote hearing with Judge Kronlund in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows: Bridge # 6940 Pin # 3782 Tentative Ruling Cross-Defendant's motion to strike punitive damages allegations is Granted. CCP sections 436, 3294. A claim for punitive damages must plead specific factual allegations constituting fraud, oppression, or malice.

  • Hearing

    Oct 22, 2020

FLORES VS FCA US LLC

Defendants' motion to strike is DENIED. Plaintiff to serve notice on all parties within two court days of this ruling.

  • Hearing

    Oct 22, 2020

  • Type

    Contract

  • Sub Type

    Breach

JULIE BOGAERT VS ALEC CHOI, ET AL.

Thus, the court grants the motion to strike without leave to amend. This ruling is without prejudice to a subsequent motion to amend if Plaintiff subsequently discovers facts that would support such a claim. Moving party is ordered to give notice.

  • Hearing

    Oct 21, 2020

MARTHA SILLMAN VS CITY OF LOS ANGELES, ET AL.

The Court also denied in part and granted in part Defendants’ motion to strike.

  • Hearing

    Oct 21, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  « first    1 2 3 4 5 6 7 8 9 10 ... 400     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.