Case Number:
20STCV05625
Hearing Date:
January 12, 2021
Dept:
OI
Defendant Salvador Esteban Rivera and United States Postal Service (“Defendants”) move the Court for an order striking certain allegations in the First Amended Complaint (“FAC”) along with the prayers for punitive damages in the operative complaint.
Under Code of Civil Procedure section 435, “[a]
ny 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 . . .” (CCP § 435(b)(1).) Moreover, “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading. (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order or the court.” (CCP § 436.)
Punitive Damages
“In an action for the breach of an obligation
Hearing Date
January 12, 2021
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Case Number:
20STCV05625
Hearing Date:
January 12, 2021
Dept:
OI
Defendant Salvador Esteban Rivera and United States Postal Service (“Defendants”) move the Court for an order striking certain allegations in the First Amended Complaint (“FAC”) along with the prayers for punitive damages in the operative complaint.
Under Code of Civil Procedure section 435, “[a]
ny 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 . . .” (CCP § 435(b)(1).) Moreover, “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading. (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order or the court.” (CCP § 436.)
Punitive Damages
“In an action for the breach of an obligation