Nature of Proceedings: Demurrer and Motion to Strike
Defendants’ demurrer to the second cause of action for false imprisonment and the fifth cause of action for stalking is sustained with ten days’ leave to amend.
The demurrer to the remaining allegations is overruled.
Defendants’ motion to strike paragraphs 14, 15, 16, 27, and portions of paragraph 50 of the first amended complaint is granted as set forth herein.
The remainder of defendants’ motion to strike is denied.
DEMURRER:
Plaintiff’s first cause of action is for sexual battery under Civil Code Section 1708.5. Section 1708.5 states, in relevant part:
“(a) A person commits a sexual battery who does any of the following:
(1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.
* * *
(b) A person who commits a sexual battery upon another is liable to that person for damages, in
Hearing Date
June 29, 2009
For full print and download access, please subscribe at https://www.trellis.law/.
Nature of Proceedings: Demurrer and Motion to Strike
Defendants’ demurrer to the second cause of action for false imprisonment and the fifth cause of action for stalking is sustained with ten days’ leave to amend.
The demurrer to the remaining allegations is overruled.
Defendants’ motion to strike paragraphs 14, 15, 16, 27, and portions of paragraph 50 of the first amended complaint is granted as set forth herein.
The remainder of defendants’ motion to strike is denied.
DEMURRER:
Plaintiff’s first cause of action is for sexual battery under Civil Code Section 1708.5. Section 1708.5 states, in relevant part:
“(a) A person commits a sexual battery who does any of the following:
(1) Acts with the intent to cause a harmful or offensive contact with an intimate part of another, and a sexually offensive contact with that person directly or indirectly results.
* * *
(b) A person who commits a sexual battery upon another is liable to that person for damages, in