Motion Types Legal Issues

What is a Motion to Strike?

Most Useful Motion to Strike Examples

Recent Examples of Motion to Strike

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LORNA MOORE, ET AL. V. AMGUARD INSURANCE COMPANY, ET AL.

Nature of Proceedings: Motion to Enter Settlement Agreement; Motion to Strike Tentative

  • Hearing

    Feb 25, 2020

ALLISON ARMOUR VS BRUCE TAMAO HAYASHI ET AL

...Janice Hayashi to the third and fourth causes of action of the first amended complaint of plaintiff Allison Armour is overruled. (2) The motion of defendants Bruce Tamao Hayashi and Janice Hayashi to the strike portions of the first amended complaint of plaintiff Allison Armour is denied in its entirety. (3) Defendants Bruce Tamao Hayashi and Janice Hayashi shall file and serve their answer to the first ame...

...this demurrer and motion to strike portions of the FAC. The demurrer and motion to strike are opposed by Armour. Analysis: (1) Request for Judicial Notice In support of their demurrer and motion to strike, the Hayashis request that the court take judicial notice of the City of Santa Barbara building permit for the installation of the water tanks on the Hayashi property. (Request for Judicial Notice, ex...

  • Hearing

    Feb 21, 2020

PATRICIA D'EGIDIO VS SOUTH COAST COMMERCIAL ELECTRIC, INC., ET AL.

patricia d’egidio, Plaintiff, v. south coast commercial electric, inc., et al., Defendants. Case No.: 19BBCV00316 Hearing Date: February 21, 2020 [TENTATIVE] order RE: demurrer; motion to strike BACKGROUND A. Allegations of the Operative Complaint Plaintiff Patricia D’Egidio (“Plaintiff”) alleges that she was hired by Defendant South Coast Commercial Electric, Inc. (“SCCE”) and had two bos...

...itemized wage statements (Labor Code, §226); (8) wrongful discharge; (9) harassment (CCP §527.6(b)(3)); and (10) retaliation (Labor Code, §1102.5 et seq.) B. Relevant Background and Demurrer/Motion to Strike on Calendar The FAC was filed on May 28, 2019 and alleged causes of action for: (1) negligence; (2) unfair business practices in violation of Business & Professions Code, §17200; (3) race discriminat...

  • Hearing

    Feb 21, 2020

ROBERTO RODRIGUEZ VS NETWORK AUTO BODY, INC., A CALIFORNIA CORPORATION, ET AL.

roberto rodriguez, Plaintiff, v. network autobody, inc., Defendant. Case No.: 19BBCV01005 Hearing Date: February 21, 2020 [TENTATIVE] order RE: motion to strike BACKGROUND A. Allegations Plaintiff Roberto Rodriguez (“Plaintiff”) alleges that he was hired to work as a “painter assistant” with Defendant Network Autobody, Inc. (“Defendant”) in March 2016. He ...

...retaliation. B. Motion to Strike On December 30, 2019, Defendant filed a motion to strike allegations for punitive damages alleged in the complaint. On February 5, 2020, Plaintiff filed an opposition to the motion. DISCUSSION A complaint including a request for punitive damages must include allegations showing that the plaintiff is entitled to an award of punitive damages. (Clauson v. Superior Court (1998) 67...

  • Hearing

    Feb 21, 2020

TIMOTHY MCADAM, ET AL. VS JAY DE MIRANDA, ET AL.

...Timothy McAdam, co-trustees of the Charles L. Weber Family Trust Resp. Party: Cross-Complainant Robert Hanisee Cross-Defendants’ demurrer is SUSTAINED with leave to amend. Cross-Defendants’ motion to strike is denied as MOOT. BACKGROUND: This case concerns money in a trust that was allegedly distributed to the settlor/trustee’s business partners without the settlor/trustee’s consent. On December 19, 2...

...15.) On January 21, 2020, Cross-Defendants San Pasqual Fiduciary Trust Company and Timothy McAdam, co-trustees of the Charles L. Weber Family Trust (“the Trust”) filed the instant demurrer to, and motion to strike provisions of, Hanisee’s cross-complaint. ANALYSIS: I. Demurrer A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact,...

  • Hearing

    Feb 21, 2020

RONALD AULD VS VALLEY PRESBYTERIAN HOSPITAL

[TENTATIVE] ORDER RE: MOTION TO DISMISS On December 10, 2018, plaintiff Ronald Auld (“Plaintiff”) filed this action against defendant Valley Presbyterian Hospital (“Defendant”). Defendant was served via substitute service on Jan...

...on January 14, 2019. On January 22, 2019, Defendant filed a demurrer and motion to strike. On April 25, 2019, Plaintiff filed a late First Amended Complaint (“FAC”). Defendant’s demurrer and motion to strike were heard on May 8, 2019. The Court ordered the FAC stricken, sustained Defendant’s demurrer in part, and granted Plaintiff 20 days’ leave to amend. Plaintiff did not file a Second Amended Complaint ...

  • Hearing

    Feb 21, 2020

STUART L. GILI-ROSS VS UNITED FINANCIAL CASUALTY COMPANY

19STCV35477 STUART L. GILI-ROSS vs UNITED FINANCIAL CASUALTY COMPANY Defendant’s Unopposed Motion to Strike Punitive Damages from Plaintiff’s Complaint TENTATIVE RULING: The motion is GRANTED WITH LEAVE TO AMEND. Plaintiff may file an amended complaint within 10 days. If plaintiff does not file an amended ...

...of disagreement, by arbitration.” (Cal. Ins. Code § 11580.2.) Defendant’s argument is correct in that it may have a statutory right to conduct discovery, but the argument is irrelevant to the instant motion. Insurance Code § 11580.2 lists certain requirements for insurance companies to follow in creating policy contracts. It does not dictate that in the present situation, plaintiff’s complaint could be s...

  • Hearing

    Feb 21, 2020

ALLISON ARMOUR VS BRUCE TAMAO HAYASHI ET AL

Nature of Proceedings: Demurrer and Motion to Strike Tenative not yet posted, please check again.

  • Hearing

    Feb 21, 2020

ZANE WELLS VS ISRAEL SHAI CHENZION, ET AL.

...CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT ZANE WELLS, etc., Plaintiff, vs. ISRAEL SHAI CHENZION, etc., et al., Defendants. CASE NO.: 19STCV26231 [TENTATIVE] ORDER RE: MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT Date: February 20, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: Defendants Israel Shai Chenzion (“Chenzion”) and Cucine Italia, Inc. dba Pedini L.A. (“Pedini”)...

...to pay wages; (8) waiting time penalties; (9) violation of California Labor Code, Section 98.6; (10) declaratory relief; (11) quantum meruit; and (12) unfair competition. Defendants filed a motion to strike portions of the FAC. Defendants assert that: (1) Plaintiff cannot add new causes of action for violation of California Labor Code, Section 98.6 and quantum meruit; (2) Plaintiff’s punitive damages all...

  • Hearing

    Feb 20, 2020

UNICAL AVIATION, INC. VS GLOBAL AVIATION RESOURCES, INC., AN IOWA CORPORATION

...CORPORATION’S MOTION TO STRIKE PUNITIVE DAMAGES FROM GLOBAL AVIATION RESOURCES, INC.’S FIRST AMENDED CROSS-COMPLAINT (filed 10/31/19) TENTATIVE RULING Cross-Defendant Allflight Corporation’s motion to strike punitive damages from Defendant/Cross-Complainant Global Aviation Resources, Inc.’s First Amended Cross-Complaint is denied in its entirety. Allflight shall file and serve its answer to the FAC withi...

...negligent misrepresentation. On October 31, 2019, Allflight filed the instant motion to strike the portions of Global’s FACC’s prayer for relief that contain claims for punitive damages. Analysis Motion to Strike Punitive Damages California Civil Code § 3294 authorizes the recovery of punitive damages in non-contract cases where “the defendant has been guilty of oppression, fraud, or malice . . . .” (Civ. Cod...

  • Hearing

    Feb 20, 2020

SANDRA VICTOR VS NISSAN NORTH AMERICA, INC. A CALIFORNIA CORPORATION

...NORTH AMERICA Defendant’s Demurrer to the Second Amended Complaint and Motion to Strike Portions of Plaintiff’s Second Amended Complaint TENTATIVE RULING: The demurrer is OVERRULED and the motion to strike is DENIED. Defendant shall file an answer within 20 days. Moving party to give notice. Demurrer The second amended complaint alleges the “transmission defect creates unreasonably dangerous situation...

...file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to th...

  • Hearing

    Feb 20, 2020

JANE N.R. DOE, ET AL. V. LUCIA MAR UNIFIED SCHOOL DISTRICT, ET AL.

...(against Lucia Mar); (3) sexual harassment (Civ. Code, § 51.9) (against both Defendants); (4) sexual harassment in educational setting (Ed. Code, § 220) (against Lucia Mar); (5) intentional infliction of emotional distress (against both Defendants); (6) sexual battery (against Magdaleno); (7) battery (against Magadaleno); and (8) assault (against Magdaleno). As alleged in the complaint: As detailed in two oth...

...before the Court is Lucia Mar’s demurrer to and motion to strike the complaint. Lucia Mar demurs to the third cause of action for sexual harassment and fifth cause of action for intentional infliction of emotional distress on the basis that these causes of action fail to state a claim against Lucia Mar. (Code Civ. Proc., § 430.10(e).) Demurrer. A demurrer tests the legal sufficiency of the allegations in a co...

  • Hearing

    Feb 20, 2020

CREDIT CONSULTING SERVICES, INC. V. PAREDES

Plaintiff/cross-defendant Credit Consulting Services, Inc. (“CCS”) moves to strike the cross-complaint (“Cross-Complaint”) filed by defendant/cross-complainant Maritza Paredes (“Paredes”) pursuant to Code of Civil Procedure section 425.16. I. Background This a collection action ar...

...special motion to strike the Cross- Complaint in its entirety. Paredes opposes the motion. II. Requests for Judicial Notice A. Paredes’ Request In support of her opposition to CCS’s special motion to strike, Paredes requests that the Court take judicial notice of the following: (1) CCS’s complaint (Exhibit C); (2) the Amended Proof of Service filed in this action (Exhibit D); and (3) the Cross-Complaint ...

  • Hearing

    Feb 20, 2020

MARTIN RAMIREZ , ET AL. VS GENERAL MOTORS, LLC , ET AL.

...CENTRAL DISTRICT MARTIN RAMIREZ, et al., Plaintiffs, vs. GENERAL MOTORS, LLC, et al., Defendants. CASE NO.: 19STCV24183 [TENTATIVE] ORDER RE: DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; MOTION TO STRIKE Date: February 20, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant General Motors, LLC (“Moving Defendant”) RESPONDING PARTY: Plaintiffs Martin Ramirez and Lizeth Ramirez The Court has con...

...merchantability; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. Moving Defendant filed a demurrer to the seventh cause of action in the FAC. Moving Defendant also filed a motion to strike portions of the FAC. MEET AND CONFER The meet and confer requirement has been met. DEMURRER “A demurrer tests the sufficiency of a complaint as a matter of law.” (Durell v. Sharp Healthcare (2010)...

  • Hearing

    Feb 20, 2020

INOKON V. PACIFIC INVESTMENT MANAGEMENT COMPANY, LLC

Motion to Compel Arbitration The defendants filed, and then re-filed, a motion to compel arbitration. No tentative. The court will entertain argument and then take the matter under submission. Demurrer/Motion to Strike On the court’s own motion, and for good cause, the demurrer ...

...March 26, 2020, at 1:30 pm. It appears that the demurrer and motion to strike violate Rule 3.112(c) of the Rules of Court because the defendants filed one memorandum of points and authorities for two motions. The parties should be prepared to address how that apparent violation of the Rules of Court should be handled. The defendants also recognize that these motions were not filed timely under Rule 3.132...

  • Hearing

    Feb 20, 2020

KAREN VELIE V. CHARLES TENBORG, CEC ECO SOLUTIONS, INC.

...complaint in late October 2019, and filed an answer on November 25, 2019. Defendants have now filed a Special Motion to Strike pursuant to Code of Civil Procedure section 425.16 (Anti-SLAPP), as well as two motions for sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7. Plaintiff opposes all three motions. Defendants’ Special Motion to Strike Legal Standard “A cause of action against a perso...

...that person in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (Code Civ. Proc., § 425.16(b)(1).) This section is to be cons...

  • Hearing

    Feb 20, 2020

LONDT VS MERRILL LYNCH MORTGAGE

...hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The Court intends to rule as follows; To deny Plaintiff Rudi Londt's motion to strike Defendants Nationstar Mortgage, LLC's ("Nationstar") pleadings, on the grounds that (i) to the extent Plaintiff merely seeks an order striking Nationstar's pleadings filed in this case, such an order ...

...pleadings would not affect the judgment or fee award; (ii) to the extent Plaintiff's present motion is actually seeking to vacate the judgment and attorney's fees award against him, it is effectively a motion for reconsideration of multiple prior denials of his requests to vacate the judgment and fee award and, as such, is fatally defective due to Plaintiff's failure to comply with the procedural requireme...

  • Hearing

    Feb 20, 2020

VINEYARD V. OC ANIMAL CARE

...fifth cause of action in Plaintiff Brandon Vineyard’s Complaint. In its concurrent ruling, the court sustained Defendant’s demurrer to the fifth cause of action with leave to amend. Defendant’s motion to strike is therefore denied as moot. Defendant to give notice. Case Management Conference The trial is scheduled for February 16, 2021 at 9:00 a.m. in Department C13. The Mandatory Settlement Conference is sc...

  • Hearing

    Feb 20, 2020

JEFF PERRY VS ERNEST TILL

...conversion, conspiracy to commit conversion, civil claim for receipt of stolen property – Penal Code §496(c), unjust enrichment, common count: money had and received – quantum meruit, intentional infliction of emotional distress, violation of Usury Laws – loansharking, cancellation of written instruments – Civil Code §3412, rescission of written instruments, injunctive relief, and declaratory relief. (1) DEMURRER ...

...1st COA in the complaint is sustained with 30 days leave to amend. CONCLUSION Till’s demurrer to the 1st COA in the complaint is sustained with 30 days leave to amend. (2) DEMURRER TO AND MOTION TO STRIKE PORTIONS OF CROSS-COMPLAINT INTRODUCTION Perry demurs to the aiding and abetting civil extortion, conspiracy to commit extortion, aiding and abetting conversion, conspiracy to commit conversion, civ...

  • Hearing

    Feb 20, 2020

MARK P. P. IKE, TRUSTEE OF MARK PAUL IKE TRUST, U/D/T 6/24/95 VS TRICOLOR AUTO GROUP, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

19STCV16750 IKE vs TRICOLOR AUTO GROUP, LLC Plaintiff’s Motion for Leave to Amend Complaint TENTATIVE RULING: The motion is GRANTED. Plaintiff may file an amended complaint within 10 days. Defendants’ request for judicial notice is GRANTED. (Evid. Code § 452(c), (d).) However, the Court will not take judicial notice of...

...(2) state what allegations are proposed to be deleted from or added to the previous pleading and where such allegations are located. CRC 3.1324(b) requires a separate declaration that accompanies the motion, stating: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reason why the request ...

  • Hearing

    Feb 20, 2020

SHAHNAZ ALI VS ARMEN ARSHAKYAN, ET AL.

Motion for Leave to Amend Answer Having considered the moving, opposing, and reply papers the Court rules as follows. BACKGROUND On December 13, 2018, Plaintiff Shahnaz Ali (“Plaintiff”) filed a complaint...

...Resendiz filed a cross-complaint against Defendant/Cross-Defendant Armen Arshakyan seeking apportionment and declaratory relief. On January 13, 2020, Defendant/Cross-Complainant David Resendiz filed a motion for leave to amend its answer pursuant to California Code of Civil procedure section 473, subdivision (a). Trial is set for June 11, 2019. PARTY’S REQUEST Defendant/Cross-Complainant David Resendiz...

  • Hearing

    Feb 20, 2020

LLEJ LLC VS F & O MELROSER PLACE INC

...TROPEZINE BAKERY, Plaintiff, vs. F&O MELROSE PLACE, INC. dba FIG & OLIVE RESTAURANTS, et al. Defendants. CASE NO.: BC699493 [TENTATIVE] ORDER RE: DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT; MOTION TO STRIKE Date: February 20, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant F&O Melrose Place, Inc. dba Fig & Olive Restaurants RESPONDING PARTY: Plaintiff LLEJ, LLC The Court has considered the mo...

...and Defendant that would have allowed Plaintiff to operate a bakery within Defendant’s restaurant. Defendant filed a demurrer to all the causes of action in the SAC. Defendant also filed a motion to strike portions of the SAC. MEET AND CONFER The meet and confer requirement has been met. DEMURRER “A demurrer tests the sufficiency of a complaint as a matter of law.” (Durell v. Sharp Healthcare (2010)...

  • Hearing

    Feb 20, 2020

HURD V. KIA MOTORS AMERICA, INC.

...above reasons, the demurrer to the 6th cause of action is SUSTAINED. Plaintiff is given leave to filed a First Amended Complaint within 15-days of the hearing. B) Motion to Strike Defendant’s Motion to Strike (“MTS”) is GRANTED. The only cause of action in the Complaint that might permit an award of punitive damages is the 6th cause of action for “fraud by omission,” which was properly demurred to (supra)....

  • Hearing

    Feb 20, 2020

BRADLEY GUEVARA VS JOAQUIN BOBADILLA AKA OSCAR BOBADILLA

bradley guevara, Plaintiff, v. joaquin bobadilla, et al., Defendant. Case No.: BC711242 Hearing Date: February 20, 2020 [TENTATIVE] order RE: motions for terminating sanctions Defendant Arash Rajaeeyan (“Defendant”) moves to dismiss the complaint of Cross-Complainant Jennifer Mae Van Buskirk (“Van Buskirk”) as a terminating sanction. The court ha...

...Van Buskirk with notice of the ruling by mail on December 10, 2019. Van Buskirk thus had until January 14, 2020 to serve responses in compliance with this Court’s order. As of the filing date of this motion, Van Buskirk has not served responses to the discovery. Van Buskirk has disobeyed this Court’s order of November 22, 2019. Further, Van Buskirk has not opposed the motions, and has waived the right to...

  • Hearing

    Feb 20, 2020

ZAAYER V. ORANGE COAST AUTO GROUP, LLC

Motion to Compel Arbitration The defendant filed a motion to compel arbitration which the plaintiff generally does not oppose. The parties dispute where the matter will be arbitrated. The arbitration provision provides: “You [the purchaser] may choose the Am...

...meet and confer prior to the hearing on the motion to select a mutually-agreeable arbitration service. If the parties are unable to resolve the issue independently, the court will consider utilizing the “strike” procedure to select the arbitration service in order to move the matter forward efficiently. Once an arbitrator is determined, the court will stay the proceedings. The court sets an ADR Review hearin...

  • Hearing

    Feb 20, 2020

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