TENTATIVE RULING

Calendar: 1

Date: 5/31/19

Case No: 18 GDCV00110 Trial Date: April 20, 2020

Case Name: Valle Lindo School District v. Los Angeles SMSA Limited

Partnership dba Verizon Wireless

DEMURRER

MOTION TO STRIKE

[CCP §430.10 et. seq.]

Moving Party: Defendant Los Angeles SMSA Limited Partnership dba Verizon Wireless

Responding Party: Plaintiff Valle Lindo School District

RULING:

Demurrer to Plaintiff’s Second Amended Complaint is OVERRULED for the reasons stated in the opposition. All elements of the second cause of action for private nuisance and third cause of action for trespass are sufficiently alleged.

Motion to Strike Portions of Plaintiff’s Second Amended Complaint is DENIED for the reasons stated in the opposition. The request for punitive damages is sufficiently alleged. Corporate ratification is sufficiently alleged at paragraph 18.

UNOPPOSED Request for Judicial Notice in Support of Motion to Strike Portions of Plaintiff’s Second Amended Complaint and Demu