Hearing: HARDY et al -v- RIOS, DVM et al Print

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     1   George M Wallace      Cal Bar No 101472
         WALLACE BROWN            SCHWARTZ                                                       a
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     2   215 North Maren g o Avenue                                                     r
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         TI11TC FIOOr                                                        S F l3
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     3   Pasadena California 91101 1504
                                                                                             ilt c   aV i   C
          626 844 6777 Fax 626 795 0353                                                      4 ZO C
     4
         Attorneys for Defendants GRACE RIOS D V N
                                                                             f
     5   and ANIMAL EMERGENCY CLINIC                                             c                    c



     6

     7

     8                SUPERIOR COURT OF THE STATE OF CALIFORNIA

     9                              COUNTY OF SAN BERNARDINO

    10

    11   ILLYA HARDY         an   individual               Case No           CIV DS 2002744
         JOHANNA BARLUND HARDY an
    12   individual TOPLINE K9 SERVICES                    Unlimited Jurisdiction    Claim
                                                           Exceeds 25 000
    13                 Plaintiffs                           Assigned for all purposes to the
                                                           Honorable Lynn Poncin Dept S28
    14           vs

                                                           Complaint Filed                  January 27 2020
    15   GRACE RIOS D V M an Individual                    Trial Date                       None Assigned
         ANIMAL EMERGENCY CLINIC
    16   and DOES 1 50 inclusive                           NOTICE OF MOTION TO STRIKE
                                                           PORTIONS OF FIRST AMENDED
    17                 Defendants                          COMPLAINT DECLARATION CCP
                                                            435 5 MEMORANDUM OF
    18                                                     POINTS AND AUTHORITIES IN
                                                           SUPPORT
    19                                                      To be heard concurrently with
                                                           Demurrer
    20
                                                           DATE                      September 11           2020
    21                                                     TIME                      10 00 a m
                                                           DEPT                      S28                           y
    zz

    23           TO PLAINTIFFS AND TO THEIR ATTORNEYS OF RECORD

                                                                        t
    24           PLEASE TAKE NOTICE              that on the       11                       September
                                                                                 day   of                       2020   a


    25   10 00   a m or as soon   thereafter   as the matter   may be heard in Department                       S28    o




          Notice of Motion to Strike re First Amended Complaint Memorandum of Points
                                               and   Authorities    1
 1    he   above entitled     Caurt   located    at       24   West Third    Street   San Bernardino

 2    California    defendants GTZACE RI              5    D V M       and ANIMAL EMERGENC

 3    CLINIC and each af them wi11 move the caurt pursuant to Code of Civi1 Procedur

 4    sections 43S and 436 ta strike all references to claims far punitive or exempla

 5    damages from the First Amended Coinplaint on file in this action and in particula

 6    to strike the following designated portions of the First Amended Complaint
 7                  1        Paragraph 44 of the First Cause of Action at page 11

 8          lines       11 in its entirety alleging as follows
 9                           The acts and omissions of Defendants and each of

10                  them were wrongful in disregard of huinanity
11                  unauthorized and in violation of law including but not
12                  limited to    3340   ofthe   Civil Code      and    3294 ofthe Civil


13                  Code

14                  2        Paragraph 54 of the First Cause of Actzon at page 12

i5          lines 23 2 7 in its entirety alleging as follows
16                           The actions of Defendants          and each of them

1 7                 amount to no less than willful or gross negligence in

18                  disregard for humanity and a reckless disregard for the
19                  consequences of the work applied beneath the skills

2q                  expected and authorized by a license to practice
21                  veterinary medicine in the State of California
22                  3        Paragraph    8 of the First Cause af Action at page 13

23          lines 14 16 in its entirety alleging as follows
24                           The acts and amissions of Defendants were

25                  wrongful intentional reckless amount to na less than




       Notice of Motion to Strike re First Amended Gomplaint Memorandum of Paints
                                           and   Authorities       2