SUBJECT: Demurrer and Motion to Strike

Moving Party: Defendants Big Bus Tours Los Angeles, Inc. & Open Top Sightseeing USA

Resp. Party: Plaintiff Starline Tours of Hollywood, Inc.

Defendants’ demurrer is OVERRULED.

Defendants’ motion to strike is GRANTED in part and DENIED in part.

BACKGROUND:

Plaintiff Starline Tours of Hollywood, Inc. alleges that Defendant Big Bus Tours Los Angeles has recently entered the Los Angeles bus sightseeing tour market after it obtained a Certificate of Public Convenience and Necessity as a Passenger Stage Corporation from the Public Utilities Commission of State of California (“CPUC”). (Complaint, ¶ 7.) Plaintiff alleges that starting in May 2019, Defendant Big Bus Tours Los Angeles began operating as a tour bus sightseeing company in direct competition with Starline, and as a CPUC licensed Passenger Stage Corporation to provide bus tours in the cities of Los Angeles, Beverly Hills, Santa Monica, Hollywood, Marina Del Rey and Venice Beach. (Id. at ¶