Tentative Ruling: In this insurance coverage dispute matter, insurer defendant Financial Pacific Insurance Company has moved to strike paragraph 70 of the first amended complaint and the associated portion of the prayer for relief seeking injunctive and restitution relief consisting of auditing, changing, and overseeing defendant’s claims practices.
A motion to strike is used to challenge the legal sufficiency of all or part of a pleading, in particular to challenge pleading defects that cannot be challenged by demurrer.
(CLD Construction, Inc. v City of San Ramon (2004) 120 Cal.App.4th 1141.) A motion to strike can be used to show that improper damages were requested in a complaint. (Mercury Interactive Corp. v Klein (2007) 144 Cal.App.4th 19.) The Court concurs with the position expressed in the motion that the substance of paragraph 70 and the relief sought in the body of said paragraph as well as the associated portion of the prayer for relief on page 15, lines 1-2, are well beyo