Motion-Secondary: DONNA BAILEY VS DARELYNE HEACOCK, ET AL.

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 08/23/2021 03:20 PM Sherri R. Carter, Executive Officer/Clerk of Court, by L. Coreas,Deputy Clerk




           1     Philip P. Deluca, Esq.; State Bar No. 158633
                 LAW OFFICES OF PHILIP P. DeLUCA
           2     5820 East Naples Plaza
                 Belmont Shore, CA. 90803
           3     Telephone (562) 987-1300
                 Telecopier (562) 987-131 O
           4
                 Attorney for Plaintiff,
           5     DONNA BAILEY

           6

           7                                SUPERIOR COURT OF THE STATE OF CALIFORNIA

           8                  COUNTY OF LOS ANGELES, CENTRAL DISTRICT-SPRING STREET
                                                  COURTHOUSE
           9
         10      DONNA BAILEY,                     )                                          Case Number: 21STCV14469
                                                   )
         11                 Plaintiff,             )                                          Honorable Thomas D. Long, Judge,
                                                   )                                          Dept "31"
         12       V.                               )
                                                   )                                          Plaintiff, DONNA BAILEY's Opposition to
         13      DARELYNE HEACOCK; FARMERS         )                                          Defendant FARMERS AND MERCHANTS
                 AND MERCHANTS TRUST COMPANY )                                                TRUST COMPANY's Motion to Strike
         14      and DOES 1 through 100, Inclusive )                                          Portions of Plaintiff's First Amended
                                                   )                                          Complaint; Memorandum of Points and
         15                 Defendants.            )                                          Authorities
                --------------)
         16                                                                                   Date: September 3, 2021
                                                                                              Time: 1:30 p.m.
         17                                                                                   Dept.: "31"

         18                                                                                   Trial: October 14, 2022

         19                 COMES NOW, Plaintiff, DONNA BAILEY with her Opposition to Defendant,

         20      FARMERS AND MERCHANTS TRUST COMPANY's Motion to Strike to Strike

         21      Portions of Plaintiff's First Amended Complaint.

         22                 Plaintiff opposes Defendant, FARMERS AND MERCHANTS TRUST

         23      COMPANY's (hereinafter referred to as "FMT") Motion to Strike Portions of Plaintiff's

         24      First Amended Complaint on the following grounds:

         25                 1.          Defendant FMT's Motion to Strike Plaintiff's claim for punitive damages

         26      claims that the FAC "falls short of alleging facts to warrant pupitive damages",

         27      asserting that "Even the most severe of Plaintiff's allegations (that she and HEACOCK

         28      engaged in a brief physical altercation) is insufficient to seek punitive damages".

                 Plaintiffs Opposition to Defendant's
                 Motion to Strike Punitive Damages                                        1