MOTION TO STRIKE
(CCP §§ 435, 436)
TENTATIVE RULING:
Defendant Crystal Property Management, Inc.’s Motion to Strike Portions of the First Amended Complaint is DENIED AS TO THE REFERENCES TO THE PARTIES’ EARLIER ACTION AND GRANTED WITH 20 DAYS’ LEAVE TO AMEND AS TO THE PUNITIVE DAMAGES AND ATTORNEY’S FEES ALLEGATIONS.
SUMMARY OF COMPLAINT: Action for conversion and fraud with respect to retention of security deposit following termination of lease agreement.
REQUEST FOR RELIEF: Strike portions of First Amended Complaint that refer to a prior action between the parties on the grounds that claims resolved in that prior action are barred by res judicata. Strike requests for attorneys’ fees and punitive damages as unsupported by the allegations.
ANALYSIS:
On January 2, 2019, Plaintiff Edward Leon Guy III (“Plaintiff”), a former tenant, brought this action to recover his security deposit from his former landlords and management company, Defendants Crystal Property Management, Inc. (“CP
Type
Premises Liability (e.g.slip & fall) (Limited Jurisdiction)
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MOTION TO STRIKE
(CCP §§ 435, 436)
TENTATIVE RULING:
Defendant Crystal Property Management, Inc.’s Motion to Strike Portions of the First Amended Complaint is DENIED AS TO THE REFERENCES TO THE PARTIES’ EARLIER ACTION AND GRANTED WITH 20 DAYS’ LEAVE TO AMEND AS TO THE PUNITIVE DAMAGES AND ATTORNEY’S FEES ALLEGATIONS.
SUMMARY OF COMPLAINT: Action for conversion and fraud with respect to retention of security deposit following termination of lease agreement.
REQUEST FOR RELIEF: Strike portions of First Amended Complaint that refer to a prior action between the parties on the grounds that claims resolved in that prior action are barred by res judicata. Strike requests for attorneys’ fees and punitive damages as unsupported by the allegations.
ANALYSIS:
On January 2, 2019, Plaintiff Edward Leon Guy III (“Plaintiff”), a former tenant, brought this action to recover his security deposit from his former landlords and management company, Defendants Crystal Property Management, Inc. (“CP