On April 27, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Gutierrez, Elsa Eloisa,
and
Does 1 To 50,
Food 4 Less Of California, Inc,
Food 4 Less Of Southern California, Inc.,
The Kroger Co.,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
V '
ERmR COURT or- “ M
S&wnfiv 0F SAN BE, Dmxtca
m; 45mg?”
'SAN BERNARDINQ
JAMES J. RIJ, Esq., State Bar No.2 94347 @RELEQOJVPQOQHUNG STAMP ONLY)
LIEBMAN, QUIGLEY & SHEPPARD
401 West A Str_eet, _Suite 1150
San Diego, Califomla 921 01-7920 BY -_
‘ ‘\
(A p\
SEEN.
W
232-0777 N‘COLE O'DWY-ER
£61 9;
619 238-5442 (fax)
Attorneys for Defendants FOOD 4 LESS OF CALIFORNIA, INC. dba FOOD 4 LESS, erroneously
\DOQQmUI-hWNy—I
sued and served as “FOOD 4 LESS OF SOUTHERN CALIFORNIA, INC.,” and THE KROGER
CO.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
ELSA ELOISA GUTIERREZ, CASE NO.: CIVSB 2209748
[Assigned to the Honorable Janet M. Frangle;
Plaintiff, Department: 829]
v. NOTICE OF MOTION TO STRIKE PORTIONS
OF PLAINTIFF’S COMPLAINT
FOOD 4 LESS OF SOUTHERN )
CALIFORNIA, INC, THE KROGER CO., ) [Filed concurrently with Demurrer to Plaintiffs
and DOES 1 to 50, Inclusive, Complaint]
ggpotember 14,2022
D efen d ants. ?mEE: a.m. ID
fl 4O
: :
DEPT.: $29 -<
mqamaww~o©m383355:5
Tn'al Date: None S(QQW rz/EYQfi
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on September 14, 2022 at 8:30 a.m., or as soon thereafter as
Department 829 of the above-entitled court located 3'“ Street,
counsel may be heard in at 247 San
NNNNNNNNthw
Bemardino, California, Defendant FOOD 4 LESS OF CALIFORNIA, INC. dba FOOD 4 tESS,
erroneously sued and served as “FOOD 4 LESS OF SOUTHERN CALIFORNlA, INC.,” (“FOOD 4
LESS”) and THE KROG ER CO." ("KROGER") will move the Court for an order striking the following
portions of the Complaint of Plaintiff ELSA ELOISA GUTIERREZ (“Plaintiff"):
1. “Intentional Tort" (p. 3.)
1. The entire Prem. L-3, Count Two-Willful Failure to Warn. (p. 6)
1
NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
H
V
.. o o
H This motion is made pursuant to Code of Civil Procedure sections 435 and 436 and will be
based on the grounds that the above allegations constitute a pleading not drawn or filed in
conformity with the laws of this state, a court rule or an order of the court or constitute a pleading
which is irrelevant, false or improper matter.
The motion will be based upon this notice, the attached memorandum of points and
\OOOVONUI-hww
authorities, the pleadings, records on file, together with oral and documentary evidence that may
be presented at the hearing.
Tentative ruling on a law and motion matter may be obtained by accessing the court’s
website at https://sb-court.org after 3:00 p.m. on the court day before the hean‘ng, or bytelephoning
HO the court’s Administrative Assistants. Any party who wishes to orally argue the motion may appear
pad
H on the date and time set for hearing, pursuant to California Rules of Court, Rule 3.1308 (a) (2) and
HN Rule 3.1306. Failure to appear shall be deemed a waiver of oral argument. All posted tentative
H b)
rulings shall become the final ruling of the Court on the scheduled hean‘ng date if no party appears.
H .b Should a hearing be held the Court may, in its discretion, modify or affirm the tentative ruling and
H
LII
advise the parties of its ruling at the hearing or by further Order. If the parties wish to submit on the
H O\
tentative ruling, no appearance will be necessary if the department’s judicial assistant is notified by
4:00 p.m. the day before the hearing. The tentative will then become the final ruling.
I—It—Iv—n
\OOOQ
Dated: August 10, 2022
MN HO
NN
ttorneys fr» Defendant FOOD 4 LESS OF
CALIFORN C. dba FOOD 4 LESS,
erroneously «i and served as “FOOD 4 LESS
OF SOUTHERN CALIFORNIA, INC.,” and THE
KROGER CO,”
NNNNNNOOQQUI-hw
2
NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
Document Filed Date
August 10, 2022
Case Filing Date
April 27, 2022
Category
Other PI/PD/WD Unlimited
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V ' ERmR COURT or- “ M S&wnfiv 0F SAN BE, Dmxtca m; 45mg?” 'SAN BERNARDINQ JAMES J. RIJ, Esq., State Bar No.2 94347 @RELEQOJVPQOQHUNG STAMP ONLY) LIEBMAN, QUIGLEY & SHEPPARD 401 West A Str_eet, _Suite 1150 San Diego, Califomla 921 01-7920 BY -_ ‘ ‘\ (A p\ SEEN. W 232-0777 N‘COLE O'DWY-ER £61 9; 619 238-5442 (fax) Attorneys for Defendants FOOD 4 LESS OF CALIFORNIA, INC. dba FOOD 4 LESS, erroneously \DOQQmUI-hWNy—I sued and served as “FOOD 4 LESS OF SOUTHERN CALIFORNIA, INC.,” and THE KROGER CO. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO ELSA ELOISA GUTIERREZ, CASE NO.: CIVSB 2209748 [Assigned to the Honorable Janet M. Frangle; Plaintiff, Department: 829] v. NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT FOOD 4 LESS OF SOUTHERN ) CALIFORNIA, INC, THE KROGER CO., ) [Filed concurrently with Demurrer to Plaintiffs and DOES 1 to 50, Inclusive, Complaint] ggpotember 14,2022 D efen d ants. ?mEE: a.m. ID fl 4O : : DEPT.: $29 -< mqamaww~o©m383355:5 Tn'al Date: None S(QQW rz/EYQfi TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 14, 2022 at 8:30 a.m., or as soon thereafter as Department 829 of the above-entitled court located 3'“ Street, counsel may be heard in at 247 San NNNNNNNNthw Bemardino, California, Defendant FOOD 4 LESS OF CALIFORNIA, INC. dba FOOD 4 tESS, erroneously sued and served as “FOOD 4 LESS OF SOUTHERN CALIFORNlA, INC.,” (“FOOD 4 LESS”) and THE KROG ER CO." ("KROGER") will move the Court for an order striking the following portions of the Complaint of Plaintiff ELSA ELOISA GUTIERREZ (“Plaintiff"): 1. “Intentional Tort" (p. 3.) 1. The entire Prem. L-3, Count Two-Willful Failure to Warn. (p. 6) 1 NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT H V .. o o H This motion is made pursuant to Code of Civil Procedure sections 435 and 436 and will be based on the grounds that the above allegations constitute a pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court or constitute a pleading which is irrelevant, false or improper matter. The motion will be based upon this notice, the attached memorandum of points and \OOOVONUI-hww authorities, the pleadings, records on file, together with oral and documentary evidence that may be presented at the hearing. Tentative ruling on a law and motion matter may be obtained by accessing the court’s website at https://sb-court.org after 3:00 p.m. on the court day before the hean‘ng, or bytelephoning HO the court’s Administrative Assistants. Any party who wishes to orally argue the motion may appear pad H on the date and time set for hearing, pursuant to California Rules of Court, Rule 3.1308 (a) (2) and HN Rule 3.1306. Failure to appear shall be deemed a waiver of oral argument. All posted tentative H b) rulings shall become the final ruling of the Court on the scheduled hean‘ng date if no party appears. H .b Should a hearing be held the Court may, in its discretion, modify or affirm the tentative ruling and H LII advise the parties of its ruling at the hearing or by further Order. If the parties wish to submit on the H O\ tentative ruling, no appearance will be necessary if the department’s judicial assistant is notified by 4:00 p.m. the day before the hearing. The tentative will then become the final ruling. I—It—Iv—n \OOOQ Dated: August 10, 2022 MN HO NN ttorneys fr» Defendant FOOD 4 LESS OF CALIFORN C. dba FOOD 4 LESS, erroneously «i and served as “FOOD 4 LESS OF SOUTHERN CALIFORNIA, INC.,” and THE KROGER CO,” NNNNNNOOQQUI-hw 2 NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT