What is a Motion to Strike?

Useful Rulings on Motion to Strike

Recent Rulings on Motion to Strike

1-25 of 10000 results

KABBOUT VS. ST. JOSEPH HEALTH

Motion to Strike OFF CALENDAR- NOTICE WAS FILED PER MOVING PARTY 9/17/20

  • Hearing

    Oct 26, 2020

NGUYEN VS. TURBO

Tran, M.D.’s Motion to Strike Portions of the Complaint of Plaintiff Vinh Huu Nguyen is CONTINUED to 12/7/20 in this Department at 10:30 a.m. (Code Civ. Proc., §§ 1005(b), 1010.6(a)(2)(A)(ii).) Electronic service is authorized only where a party expressly consented to electronic service, or where the court has ordered electronic service. (Code Civ. Proc., § 1010.6(a)(2)(A)(ii).)

  • Hearing

    Oct 26, 2020

ASHKAN AFRAMIAN VS HERSEL NEMAN, ET AL.

Accordingly, Defendants’ motion to strike is MOOT. On November 21, 2019, Plaintiff Ashkan Aframian filed suit against Hersel Neman, Sion Neman, Morad Neman, and Pacific Eurotex Corporation (collectively, Defendants), alleging: (1) breach of oral contract; (2) fraud; and (3) quantum meruit. Defendants now demurrer to Plaintiff’s second cause of action for fraud. Defendants also move to strike portions of Plaintiff’s Complaint.

  • Hearing

    Oct 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ROGER TEMPLE VS MR. COOPER

“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. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties.”

  • Hearing

    Oct 23, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

  • County

    Los Angeles County, CA

JOSEPH VILLALOBOS V. NEW BRIDGE EQUITY, LLC, ET AL.

Legal Standard Code of Civil Procedure section 425.16 authorizes a person to bring a special motion to strike claims “arising from any act [ ] in furtherance of [his or her] right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue.” (Code Civ. Proc., § 425.16, subd. (b)(1).) Courts evaluate special motions strike using a two-step analysis. (Country Side Villas Homeowners Assn. v. Ivie (2011) 193 Cal.App.4th 1110, 1116.)

  • Hearing

    Oct 22, 2020

LING SUN VS AMERICAN EVERGLOW REGIONAL CENTER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 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. Discussion At the outset, it is unclear whether or not Cheung and CLG provided notice of the continuance of their demurrer and motion to strike to Plaintiff’s and Co-Defendants’ counsel. Counsel for Cheung and CLG is instructed to file any such provided notice on or before the time of the hearing.

  • Hearing

    Oct 22, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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

VAHIK AMERIAN VS GRIGOR SARKISSIAN D D S ET AL

Sarkisian Defendants’ motion to strike is granted in part. The Court hereby strikes Plaintiff’s request for attorney fees.

  • Hearing

    Oct 21, 2020

ELLIOT HAAS VS LITTLE LOVE RESCUE, A CALIFORNIA CORPORATION, ET AL.

.: 20STCV20469 Hearing Date: 10/21/2020 [TENTATIVE] RULING RE: Defendants’ Special Motion to Strike (Anti-SLAPP) under CCP § 425.16 Defendants’ Special Motion to Strike (anti-SLAPP) is denied. Plaintiff’s request for attorney’s fees and costs is denied. Procedural Considerations Plaintiff’s Request for Judicial Notice Plaintiff on opposition requests judicial notice of (1) the Complaint in The People of the State of California v.

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

FENGXIA HUAI VS CALIFORNIA INVESTMENT REGIONAL CENTER, LLC, ET AL.

Motion to Strike Based upon the ruling made on the demurrer, Zhang PC’s and Zhang’s motion to strike is denied as moot.

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

BRADLEY RANDOLPH TWETEN, ET AL. VS KIA MOTORS AMERICA, INC., A CALIFORNIA CORPORATION

The losing party may dispute any or all of the items in the prevailing party’s memorandum of costs by a motion to strike or tax costs. (CRC, rule 3.1700(b).) A motion to strike challenges the entire costs bill whereas a motion to tax challenges particular items or amounts. Certain items of costs are allowable if incurred by the prevailing party, whether or not such costs have been paid. (CCP § 1033.5, subds. (a) and (c)(1).)

  • Hearing

    Oct 21, 2020

  • Type

    Contract

  • Sub Type

    Breach

CARL J. GOEDINGHAUS V. JED D. HAZELTINE, ET AL.

(Cmp., ¶¶ 279, 285, 737.) 5 In his supplemental brief, Hazeltine argues that the Court may take judicial notice of its July 24, 2019 ruling on Hazeltine’s motion to strike and demurrer filed in the related probate action. The Court agrees. (Evid. Code, § 452(d).) Hazeltine then cites to Barri v.

  • Hearing

    Oct 21, 2020

CHUNHUA WU, ET AL. VS BILLY XU, ET AL.

Plaintiffs’ Motion to Strike Defendant’s Answer is DENIED.

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOSEPH LAMBERT VS CITY OF LA CANADA FLINTRIDGE ET AL

Demurrer without a Motion to Strike Having considered the moving, opposing, and reply papers, the Court rules as follows. BACKGROUND On November 21, 2018, Plaintiff Joseph Lambert (“Plaintiff”) filed a complaint against Defendants City of La Canada Flintridge, County of Los Angeles, and Descanso Gardens Guild, Inc. Plaintiff alleges premises liability in the complaint for a slip-and-fall that occurred on November 26, 2016.

  • 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

BARBARA MCBRIDE V. NATIONAL DEFAULT SERVICING CORPORATION,

Defendants’ motion to strike is moot. BRIAJANE HERBERT, a Minor, By and Through her Guardian Ad Litem,

  • Hearing

    Oct 21, 2020

EVANSTON INSURANCE COMPANY VS SOUTHERN CALIFORNIA EDISON COMPANY

For these reasons, Evanston’s motion to strike is DENIED. Conclusion Evanston’s motion to strike is DENIED. SCE is to give notice.

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

FEMI PORTER VS IZEK SHOMOF, ET AL.

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

    Oct 21, 2020

NICOLE DOWNEY VS CITY OF LOS ANGELES, A PUBLIC ENTITY

The motion to strike is granted in part and denied in part as follows: · ¶¶ 48-55 Covid-19 delay allegations: The motion to strike is denied as to these allegations. · Allegations related to the fourth cause of action: The motion to strike is granted as to these allegations. Defendant’s answer to the SAC shall be filed and served within 10 days. Discussion On April 2, 2020 Plaintiff Nicole Downey filed this action against Defendant City of Los Angeles alleging various FEHA claims.

  • Hearing

    Oct 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

LORELAY FAUSSIER VS GENERAL MOTORS, LLC

The July 27, 2020 letter attached to the Major Declaration does not reflect that the issue presented in the motion to strike (punitive damages) was addressed as part of the attempted meet and confer, as required by CCP § 435.5. However, in the interest of judicial economy, the Court will proceed to address the motion to strike on the merits. Analysis Re Punitive Damages Claims Defendant moves to strike the following portions of Plaintiff’s Complaint.

  • Hearing

    Oct 21, 2020

HANOKH GOLSHIRAZIAN, ET AL. VS ABBAS NAVID NIKKHOO, INDIVIDUALLY AND AS TRUSTEE OF THE NIKKHOO TRUST AGREEMENT, AND AS TRUSTEE OF THE ABBAS AND MANSOUREH NIKKHOO TRUST, ET AL.

Therefore, the motion to strike is denied as to Item AA. Defendants have not made any arguments as to item BB, therefore the motion to strike is denied. The motion to strike is GRANTED in part as to item CC, with respect to subparagraph (a) and (e) only.

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LANTANA VS BARANOWSKI

Motion to Strike demand for attorney fees is DENIED, because Ms. Baranowski has retained counsel since filing her opposition. The remainder of the motion is moot by the Court’s ruling on this Motion and the contemporaneous Demurrer.

  • Hearing

    Oct 21, 2020

  • Judge

    Candice Garcia-Rodrigo

  • County

    Riverside County, CA

STATE FARM GENERAL INSURANCE COMPANY VS BMW OF NORTH AMERICA, LLC, ET AL.

On December 12, 2019, the Court granted Yvonne Yeong’s motion to strike paragraphs 36-39 from the third cause of action in Rusnak/Westlake’s first amended cross-complaint. On March 16, 2020, the Court ordered the following cases, 19STCV09077, 19STCV24462, and 19STCV33077, consolidated and assigned to Department 34. The Court designated 19STCV089077 as the lead case.

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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