Motion,Ex Parte: Jeffrey F. Ryan vs. William Carlos Leet, et al

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                                Case Number: 21-CIV-04391

                                                          SUPERIOR COURT OF SAN MATEO COUNTY
                                                      400 County Center                         1050 Mission Road
                                                   Redwood City, CA 94063                 South San Francisco, CA 94080
                                                                     www.sanmateocourt.org

                                                                   Minute Order
              Jeffrey F.  Ryan   vs. William   Carlos Leet, et al                                                      21-CIV-04391
                                                                                                               02/15/2022 2:00 PM
                                                                                                                    Motion to Strike
                                                                                                              Hearing Result:    Held

              Judicial Officer: Fineman, Nancy L.                       Location: Courtroom N
              Courtroom Clerk: Antonio Geronimo                         Courtroom Reporter:      Rosario Ayon


              Parties Present


              Exhibits


              Minutes
              Journals
              Case Events
               - No appearance by any parties or their counsel of record.
               - Tentative ruling adopted and becomes order:

               The Motion of Plaintiff/Cross-Defendant Jeffrey R. Ryan (“Cross-Defendant”) to Strike Punitive Damage
               Allegations from Verified Cross-Complaint of Defendant/Cross-Complainant Jeffrey F. Ryan (“Cross-
               Complainant”) is DENIED. Cross-Defendant moves to strike the claim for punitive damages on the
               ground that the CrossComplaint fails to allege facts to support malice, oppression or fraud. (See Civil
               Code § 3294.) As discussed in the Court’s ruling on Cross-Defendant’s Demurrer to the Cross-Complaint
               though, Cross-Complainant alleges facts sufficient to support fraud. Cross-Defendant’s Request for
               Judicial Notice is GRANTED. Cross-Defendant is to file and serve an Answer to the Cross-Complaint
               within ten days of service of written notice of entry of order by Cross-Complainant. (California Rule of
               Court 3.1320(g); Code of Civil Procedure § 472b.) Counsel for Cross-Complainant shall prepare a written
               order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court,
               Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as
               required by law and the California Rules of Court.

              Others
              Comments:

             Future Hearings and Vacated Hearings
             February 15, 2022 2:00 PM Hearing on Demurrer
             Courtroom N
             Ayon, Rosario
             Fineman, Nancy L.
             Geronimo, Antonio

             March 21, 2022 9:00 AM Case Management Conference
             Courtroom P
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                                                                                                                   Case Number: 21-CIV-04391

             Case Management Conferences, -




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