Dept. 30
Calendar No.
Devane vs. Gainey, et. al., Case No. 19STCV25939
Tentative Ruling re: Defendants’ Demurrer; Motion to Strike
Defendants demurred to the second cause of action only. On 10/07/2020, the Plaintiff dismissed the second cause of action. Therefore, the demurrer is moot.
Defendants move to strike paragraphs 7, 17, 18, 20, 22, 23, 26, 28, 31, 34, 36, 39, 43, 45, 46, and paragraph 1 of the Prayer for Relief. The motion is denied.
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 of the pleading. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and
Hearing Date
November 06, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Dept. 30
Calendar No.
Devane vs. Gainey, et. al., Case No. 19STCV25939
Tentative Ruling re: Defendants’ Demurrer; Motion to Strike
Defendants demurred to the second cause of action only. On 10/07/2020, the Plaintiff dismissed the second cause of action. Therefore, the demurrer is moot.
Defendants move to strike paragraphs 7, 17, 18, 20, 22, 23, 26, 28, 31, 34, 36, 39, 43, 45, 46, and paragraph 1 of the Prayer for Relief. The motion is denied.
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 of the pleading. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and