Case Number:
19STCV40114
Hearing Date:
January 14, 2021
Dept:
31
MOTION TO STRIKE IS DENIED.
Background
On November 6, 2019, Plaintiffs Yanett Miranda and Jasper Miranada-Quinonez, by and through is Guardian ad Litem, Yanett Miranda filed the instant action against Defendants Avanath Realty, Inc.; Avanath Capital Management LLC; and Does 1 through 50. The Complaint asserts causes of action for:
Breach of Implied Warranty of Habitability;
Negligence; and
Nuisance.
Defendants now move for an order striking allegations related to punitive and exemplary damages.
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 or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter ins
Hearing Date
January 14, 2021
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
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Case Number:
19STCV40114
Hearing Date:
January 14, 2021
Dept:
31
MOTION TO STRIKE IS DENIED.
Background
On November 6, 2019, Plaintiffs Yanett Miranda and Jasper Miranada-Quinonez, by and through is Guardian ad Litem, Yanett Miranda filed the instant action against Defendants Avanath Realty, Inc.; Avanath Capital Management LLC; and Does 1 through 50. The Complaint asserts causes of action for:
Breach of Implied Warranty of Habitability;
Negligence; and
Nuisance.
Defendants now move for an order striking allegations related to punitive and exemplary damages.
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 or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter ins