What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

201-225 of 10000 results

CARLOS MANUEL MICHEL-JIMENEZ VS HANSEN STEEL SERVICES LLC ET

CCP §430.41(a) states that, before filing a demurrer, the moving party must engage in a specified meet and confer process with the party who filed the pleading at issue for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer/motion to strike.

  • Hearing

    Oct 13, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

HENRY DANA, AN INDIVIDUAL, ET AL. VS ALEX BURGOS, AN INDIVIDUAL, ET AL.

Defendants ‘motion to strike paragraph 22 of the first cause of action for fraud and paragraph 6 of the prayer is denied. Defendants to answer in 10 days. Defendants did not demur to the 1st cause of action for fraud. Defendants are not moving to “strike” the fraud cause of action. Defendants’ argument regarding the failure to plead fraud with specificity is improperly raised in a motion to strike. Pierson v.

  • Hearing

    Oct 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

BRIANA WOLF VS POPCHEST INC ET AL

[Tentative] Order RE: motion to strike popchest inc.’s answer to arvind mishra’s cross-complaint AND RELATED CROSS-ACTION MOVING PARTY: Defendant and cross-complainant Arvind Mishra RESPONDING PARTY: n/a Motion to Strike Popchest Inc.’s Answer to Arvind Mishra’s Cross-Complaint The court considered the moving papers. No opposition to the motion was filed. Plaintiff Briana Wolf filed this wrongful termination action on July 20, 2018, against defendants Popchest, Inc.

  • Hearing

    Oct 13, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

DAVIS VS. FIDELITY NATIONAL TITLE COMPANY

(1-2) Motions for SLAPP Tentative Ruling: (1) Defendant Fidelity National Title Insurance Company, erroneously sued as Fidelity National Title Company, Inc.’s Special Motion to Strike is DENIED. (2) Defendant First American Title Company’s Special Motion to Strike is DENIED. The Court declines to take judicial notice and/or rule on the evidentiary objections on the grounds they are not relevant for the purposes of the Motions.

  • Hearing

    Oct 13, 2020

WILLIAM WADDLE VS VINCENT TORRES, ET AL.

Motion to strike attorney’s fees is GRANTED. Plaintiff does not cite any statutory or contractual attorney’s fees provision. For the reasons stated in the accompanying demurrer, motion to strike “illegal” contracts is DENIED. III.¿Motion to Remove Mechanic’s Lien Defendants Vincent and Michelle Torres move to release the mechanic’s lien pursuant to CC § 8424(c).

  • Hearing

    Oct 13, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

ANIE PILIGUIAN VS DHP, INC., ET AL.

Because the Court is sustaining the demurrer, the motion to strike is moot.

  • Hearing

    Oct 13, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • County

    Los Angeles County, CA

AIMEE COLEMAN ET AL VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL

.; and (5) Motion to Strike Portions of Fourth Amended Complaint by Defendants Kristina Lee, the Jaesung & Kristina Lee 2008 Trust, and Grand Welcomes Services, Inc. Plaintiff opposes all five matters. ANALYSIS: 1. Motion to Change Venue Venue is proper in the county where any defendant resides or, in an injury action, the county where the injury occurred.

  • Hearing

    Oct 09, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

CORNEXO LLC VS. WLV SUNSET PLAZA LLC

For general information regarding Judge DeNoce and his courtroom rules and procedures, please visit: http://www.denoce.com _____________________________________________ Old Agoura Apartments, LLC, Raven Ridge, David Schuman and Rick Nielsen's Motion to Strike the Second Amended Complaint. The court's tentative ruling is as follows: The court intends to rule as follows: - Deny the motion as to punitive damages allegations.

  • Hearing

    Oct 09, 2020

TULLY VS CHOUINARD

Defendant filed this motion to strike the entire complaint. Legal Standard Resolution of an anti-SLAPP motion [or special motion to strike] involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success.

  • Hearing

    Oct 09, 2020

WILLIE F. MCMULLEN, JR., ET AL. VS ANA WARD, ET AL.

In any event, the Court of Appeal held that subdivision (g) did not deny a plaintiff due process because trial courts “must liberally exercise [their] discretion” to give plaintiffs “the reasonable opportunity to obtain that evidence through discovery before the motion to strike is adjudicated.” (Ibid.)

  • Hearing

    Oct 09, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

STEPHEN GOLDFIELD VS ZACHARY DUGGER, ET AL.

DUGGER Case Number: 19STCP04926 Hearing Date: October 9, 2020 [Tentative] ORDER DENYING RESPONDENTS’ SPECIAL MOTION TO STRIKE THE PETITION

  • Hearing

    Oct 09, 2020

  • Type

    Administrative

  • Sub Type

    Writ

CRUISE WORLDWIDE, LTD. VS MICHAEL MIN CHIN LIN

If the motion is timely made, “no act” by the party making such motion, “including filing an answer, demurrer or motion to strike,” shall be deemed a general appearance. Code of Civ. Proc. §418.10(e)(1).

  • Hearing

    Oct 09, 2020

JUDSON ABTS, ET AL. VS RAYMOND LEE

Because the Court finds that a question of fact exists as to the enforceability of the Lease, the motion to strike is denied as to the attorney fees allegations. Plaintiffs request punitive damages in support of their fraud causes of action, and Lee argues that the punitive damages allegations must be stricken for the same reason Lee argues that the fraud causes of action fail. But because the Court overrules the demurrer to the fraud causes of action, the Court similarly denies the motion to strike.

  • Hearing

    Oct 09, 2020

  • Type

    Real Property

  • Sub Type

    other

VASILE PROPERTIES AIRPORT PLAZA, LLA VS. CAROLINE LAFAURIE, EQUELECUA CARIBBEAN CUISENE,LLA

YC073060 Vasile Properties Airport Plaza, LLC, et al.’s Demurrer to First Amended Cross-Complaint Vasile Properties Airport Plaza, LLC, et al.’s Motion to Strike Portions of First Amended Cross-Complaint TENTATIVE RULING Vasile Properties Airport Plaza, LLC, et al.’s Demurrer to First Amended Cross-Complaint is sustained with 20 days leave to amend. Vasile Properties Airport Plaza, LLC, et al.’s Motion to Strike Portions of First Amended Cross-Complaint is moot.

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

PATRICK SHEPHERD VS RELIABLE LIQUID TRANSPORT, INC., ET AL.

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. (Code Civ. Proc., §§ 430.41, 435.5.) The demurring party must identify the causes of action it believes are subject to demurrer and identify the basis of deficiencies. (Code Civ. Proc., § 430.41(a)(1).)

  • Hearing

    Oct 09, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ROSALES VS. PROFESSIONAL SERVICE CONSTRUCTION, INC.

s Motion to Strike Portions of Second Amended Complaint 2) Status Conference Defendant Professional Services Construction, Inc.’s motion to strike the PAGA claim from the second amended complaint of Plaintiffs Gregorio Rosales, Abel Trujillo and Leonel Flores Trujillo is CONTINUED. As set forth in more detail below, Plaintiffs are ordered to file and serve a detailed trial plan for the PAGA claim by November 13, 2020. The trial plan shall be no longer than 12 pages.

  • Hearing

    Oct 09, 2020

PACIFIC LUXURY MOTORS, INC. VS FRANKIE MEZA

Therefore, the motion to strike items 2 and 5 [sic] are GRANTED.

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LEONEL ROQUE, AN INDIVIDUAL, ET AL. VS VALENZUELA PROPERTIES NO. 4, LLC, A NEW MEXICO LIMITED LIABILITY COMPANY, ET AL.

Accordingly, the motion to strike is DENIED. Moving party to give notice. Parties who intend to submit on this tentative must send an email to the Court at [email protected] indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

  • Hearing

    Oct 09, 2020

  • Type

    Real Property

  • Sub Type

    other

JETER, ET AL. V. COXCOM, LLC, ET AL.

The Court’s ruling on Defendants’ motion to dismiss renders moot Defendants’ special motion to strike pursuant to Code of Civil Procedure section 425.16 and demurrer to FAC. Defendants shall give notice of the ruling.

  • Hearing

    Oct 09, 2020

RANDY DOMINGUEZ VS LA QUINTA INN & SUITES POMONA ET AL

The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.)

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ROSALES VS. PROFESSIONAL SERVICE CONSTRUCTION, INC.

s Motion to Strike Portions of Second Amended Complaint 2) Status Conference Defendant Professional Services Construction, Inc.’s motion to strike the PAGA claim from the second amended complaint of Plaintiffs Gregorio Rosales, Abel Trujillo and Leonel Flores Trujillo is CONTINUED. As set forth in more detail below, Plaintiffs are ordered to file and serve a detailed trial plan for the PAGA claim by November 13, 2020. The trial plan shall be no longer than 12 pages.

  • Hearing

    Oct 09, 2020

ESTRADA VS. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA

Defendant Automobile Club of Southern California’s Motion for Judgment on the Pleadings, or in the Alternative, Motion to Strike Portions of Plaintiff’s First Amended Complaint, is denied. Defendant’s Request for Judicial Notice is granted. The Motion for Judgment on the Pleadings is denied because it violates CCP §438(c) since it is not directed to an entire cause of action.

  • Hearing

    Oct 09, 2020

MANUEL VS. TENET HEALTHCARE CORPORATION

Any arguments as to the merits of the new claims may be raised through a demurrer, motion to strike, motion for summary judgment, or other appropriate motion, which is consistent with the preferred practice to permit an amendment subject to a later motion. Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048. Plaintiffs have substantially complied with CRC Rule 3.1324 and have not unreasonably delayed in bringing this motion. Thus, the proposed amendment will be allowed.

  • Hearing

    Oct 09, 2020

SALINAS VS. GUTIERREZ

Defendants’ motion to strike the prayer for a judicial declaration that Defendants violated California Business and Professions Code section 17200 and restitution from the FAC and the corresponding prayer for relief is denied. In light of the above ruling sustaining in part Defendants’ Demurrer, the remainder of Defendants’ Motion to Strike is denied as moot.

  • Hearing

    Oct 09, 2020

NOBIA JOYCE VS SHAWN M. MILLNER

The complaint, filed July 17, 2015, asserts causes of action against Defendants for: Partition (CCP §§ 872.210, 872.230, 872.820) Accounting Conversion Elder Abuse Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress On December 2, 2015, the court granted defendants’ motion to strike out Joyce’s 4th-6th causes of action. On December 8, 2015, Defendants Shawn M. Millner (in her individual capacity only) and Todd filed a cross-complaint against Joyce.

  • Hearing

    Oct 09, 2020

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