What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

176-200 of 10000 results

EMPEROR ENTERTAINMENT, INC., A CALIFORNIA CORPORATION, ET AL. VS DEFYNE HOLDINGS, LLC., A LIMITED LIABILITY COMPANY, ET AL.

Leave to Amend “Where the defect raised by a motion to strike or by demurrer is reasonably capable of cure, leave to amend is routinely and liberally granted to give the plaintiff a chance to cure the defect in question.” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1146.) III. DISCUSSION A.

  • Hearing

    Oct 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DAVID DALLAKIAN VS SIMPLE BAR, INC.

On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) DISCUSSION The Court grants the motion to strike punitive damages with leave to amend.

  • Hearing

    Oct 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PEOPLE OF THE STATE OF CALIFORNIA VS CHANG HWAN PARK ET AL

Casado’s special motion to strike the FAC (“anti-SLAPP motion”) came to hearing on March 1, 2018, at which time the court denied the motion. On March 8, 2018, the Casado Defendants filed a notice of appeal from the court’s March 1, 2018 ruling, and the matter was automatically stayed. On December 23, 2019, the Court of Appeal issued its opinion on the Casado Defendants’ appeal.

  • Hearing

    Oct 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MORIS SAKHAI VS ZIPORA ATWAIN

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. (California Rules of Court Rule 3.1322.)

  • Hearing

    Oct 14, 2020

MARK A. CAZARES, ET AL. VS KIA MOTORS AMERICA, INC

Motion to Strike Meet and Confer The Declaration of Ani Tolmoyan reflects that the meet and confer requirement set forth in CCP § 435.5 was satisfied. Analysis Defendant’s motion to strike Plaintiffs’ prayer for punitive damages is DENIED.

  • Hearing

    Oct 14, 2020

METRO FUSION, INC VS GLOBAL FRANCHISE GROUP, INC

Sano’s Motion to Strike Punitive Damages (UNOPPOSED) As this motion is unopposed, the court will GRANT. The prayer for punitive damages is stricken. DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR VIA LA COURT CONNECT.

  • Hearing

    Oct 14, 2020

  • Type

    Real Property

  • Sub Type

    other

CARMON V. HORIZON HEALTH & SUBACUTE CENTER

The motion to strike is granted. Leave to Amend Plaintiffs failed to file an opposition to either the demurrer or the motion to strike. Nevertheless, courts generally grant leave to amend in response to the first demurrer. (City of Stockton v.

  • Hearing

    Oct 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

HODGES V. COSTA MESA SANITARY DISTRICT

Defendants will have the opportunity to challenge the viability of the proposed additional allegations by filing a demurrer, motion to strike, motion for judgment on the pleadings or other appropriate proceedings. Kittredge Sports Co., supra, 213 Cal.App.3d at 1048.

  • Hearing

    Oct 13, 2020

GARCIA V. KIA MOTORS AMERICA, INC.

MOTION NO. 2: Defendant KMA motion to strike the following portion of Plaintiffs’ FAC: On page 30, line 26 (paragraph 24.), Plaintiffs’ prayer “[f]or punitive damages” is GRANTED. Given the ruling sustaining the Demurrer to Plaintiff’s fraud and CLRA claims, there is no valid cause of action alleged to support punitive damages. Accordingly, the motion to strike is granted with 14-days leave to amend.

  • Hearing

    Oct 13, 2020

GARCIA V. KIA MOTORS AMERICA, INC.

MOTION NO. 2: Defendant KMA motion to strike the following portion of Plaintiffs’ FAC: On page 30, line 26 (paragraph 24.), Plaintiffs’ prayer “[f]or punitive damages” is GRANTED. Given the ruling sustaining the Demurrer to Plaintiff’s fraud and CLRA claims, there is no valid cause of action alleged to support punitive damages. Accordingly, the motion to strike is granted with 14-days leave to amend.

  • Hearing

    Oct 13, 2020

MONTIEL V. NEWPORT FOOT AND ANKLE CENTER, INC.

Proc. § 435.5(a) states: Before filing a motion to strike pursuant to this chapter, 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.

  • Hearing

    Oct 13, 2020

HODGES V. COSTA MESA SANITARY DISTRICT

Defendants will have the opportunity to challenge the viability of the proposed additional allegations by filing a demurrer, motion to strike, motion for judgment on the pleadings or other appropriate proceedings. Kittredge Sports Co., supra, 213 Cal.App.3d at 1048.

  • Hearing

    Oct 13, 2020

MONTIEL V. NEWPORT FOOT AND ANKLE CENTER, INC.

Proc. § 435.5(a) states: Before filing a motion to strike pursuant to this chapter, 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.

  • Hearing

    Oct 13, 2020

MARGARET A DELIS ET AL VS MONTECITO FINANCIAL SERVICES INC E

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. (Sachdeva Decl. ¶¶ 2-4.)

  • Hearing

    Oct 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ADAM WEISS VS NANCY CALHOUN VYE, ET AL.

Defendants filed a motion to strike claims for punitive damages from the FAC. MEET AND CONFER The meet and confer requirement has been met. DISCUSSION California Code of Civil Procedure, Section 435(b)(1) states that “[a]ny 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.”

  • Hearing

    Oct 13, 2020

SCALINI VS. SCALINI

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

  • Hearing

    Oct 13, 2020

WHIMSY ANDERSON VS EREWHON., AN UNKNOWN BUSINESS ENTITY

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. (Wainer Decl. ¶¶ 2-5.)

  • Hearing

    Oct 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CANYON CREST CONSERVANCY VS COUNTY OF LOS ANGELES ET AL

Conclusion The motion to strike is DENIED. The motion to tax costs is GRANTED IN PART and DENIED IN PART. The court taxes item 6 by $42 and Item 2 by $2.46, resulting in a total reduction of $44.46. The motion to tax is DENIED in all other respects.

  • Hearing

    Oct 13, 2020

  • Type

    Administrative

  • Sub Type

    Writ

902878 ONTARIO LTD, A CANADIAN CORPORATION VS EMMETT FURLA OASIS FILMS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

As the demurrer to the fraud cause of action is overruled, defendants’ motion to strike the punitive damages allegations and prayer is DENIED.

  • Hearing

    Oct 13, 2020

  • Type

    Contract

  • Sub Type

    Breach

IBRAHIM VS. 888 BROOKHURST INC

(1) Motion to Strike (2) TSC Ruling: (1-2) Off Calendar – no hearing will be held. Plaintiff Mutaz Ibrahim’s Motion to Strike Answer of Defendants 888 Brookhurst, Inc. dba Desert Moon Grill and Khalil Ismail (collectively “Defendants”) is continued to 11-17-2020, Dept. C11, at 2 pm. The Notice of Motion and Motion attempted to be filed on April 9, 2020 and served by mail on April 9, 2020 had an original hearing date of June 30, 2020.

  • Hearing

    Oct 13, 2020

GILBERT REAL ROUSSEAU VS JAMES ROBERT KIRBY, ET AL.

Leave to Amend “Where the defect raised by a motion to strike or by demurrer is reasonably capable of cure, leave to amend is routinely and liberally granted to give the plaintiff a chance to cure the defect in question.” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1146.) III. DISCUSSION A.

  • Hearing

    Oct 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DORIS BERGMAN VS FRANK ZIMMERMANN ET AL.

Grounds for demurrer or motion to strike are premature—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 (1989) 213 Cal.App.3d 1045, 1048; Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (TRG 220) 6:664.)

  • Hearing

    Oct 13, 2020

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

SAN-A SYOJI, INC., A JAPANESE CORPORATION VS DAN TOP U.S.A., INC., A CALIFORNIA CORPORATION

Accordingly, the demurrer to cross-complaint and motion to strike cross-complaint are taken off calendar.

  • Hearing

    Oct 13, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

NICOLE MAYS VS MORTGAGE MANAGEMENT CONSULTANTS, INC., ET AL.

The court also denied the motion to strike. RULING: Granted Defendant Martha Rodriguez moves to set aside the April 23, 2020 entered default. Defendant moves for relief pursuant to Code of Civil Procedure section 473.5. Defendant denies ever receiving service of the summons and complaint. Service of the summons and complaint was completed by substituted service at a UPS Store purportedly used as a mail service location. Defendant denies any business relationship with the identified UPS Store.

  • Hearing

    Oct 13, 2020

  • Type

    Real Property

  • Sub Type

    other

CHEEK VS. CHILES

The sufficiency of the punitive damages claim may be determined on a motion to strike. Plaintiffs’ objections to the Declaration of Gregory Selarz are SUSTAINED. Plaintiffs to give notice.

  • Hearing

    Oct 13, 2020

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