Motion to Strike without Demurrer
Having considered the moving papers, the Court rules as follows. No opposition was filed.
BACKGROUND
On December 19, 2018, Plaintiff Semaj Cato (“Plaintiff”) filed a complaint against Defendants Linda Richards, Michael Colthrist, Lyft, Inc., and Uber Technologies, Inc. alleging negligence for an automobile collision that occurred on March 27, 2018.
On April 19, 2019, Defendant Uber Technologies, Inc. (“Moving Defendant”) filed a motion to strike punitive damages from Plaintiff’s complaint filed on December 19, 2018.
Trial is set for June 17, 2020.
PARTY’S REQUEST
Moving Defendant asks this Court for an order striking punitive damages from the complaint pursuant to California Code of Civil Procedure sections 435 and 436 and Civil Code section 3294.
LEGAL STANDARD
Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole complaint or any part thereof. (Code of Civ. Proc. § 435, subd. (b
Hearing Date
May 20, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Motion to Strike without Demurrer
Having considered the moving papers, the Court rules as follows. No opposition was filed.
BACKGROUND
On December 19, 2018, Plaintiff Semaj Cato (“Plaintiff”) filed a complaint against Defendants Linda Richards, Michael Colthrist, Lyft, Inc., and Uber Technologies, Inc. alleging negligence for an automobile collision that occurred on March 27, 2018.
On April 19, 2019, Defendant Uber Technologies, Inc. (“Moving Defendant”) filed a motion to strike punitive damages from Plaintiff’s complaint filed on December 19, 2018.
Trial is set for June 17, 2020.
PARTY’S REQUEST
Moving Defendant asks this Court for an order striking punitive damages from the complaint pursuant to California Code of Civil Procedure sections 435 and 436 and Civil Code section 3294.
LEGAL STANDARD
Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole complaint or any part thereof. (Code of Civ. Proc. § 435, subd. (b