Motion to Strike without Demurrer
Having considered the moving and opposing papers, the Court rules as follows.
BACKGROUND
On May 12, 2020, Plaintiff Kimberly Berruete Lopez (“Plaintiff”) filed a complaint against Defendants Western Merchandised Express, Inc. (“Western”) and Edgar Rolando Solares (“Solares”) (collectively, “Defendants”) alleging negligence based on a motor vehicle accident that occurred on June 13, 2018.
On July 10, 2020, Defendants filed a motion to strike pursuant to a motion to strike pursuant to California Code of Civil Procedure section 435, subdivision (b).
PARTY’S REQUEST
Defendants ask the Court to strike punitive damages from the complaint because Plaintiff has not stated a prima facie case for punitive 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, subd. (b).) Th
Hearing Date
November 30, 2020
Type
Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Motion to Strike without Demurrer
Having considered the moving and opposing papers, the Court rules as follows.
BACKGROUND
On May 12, 2020, Plaintiff Kimberly Berruete Lopez (“Plaintiff”) filed a complaint against Defendants Western Merchandised Express, Inc. (“Western”) and Edgar Rolando Solares (“Solares”) (collectively, “Defendants”) alleging negligence based on a motor vehicle accident that occurred on June 13, 2018.
On July 10, 2020, Defendants filed a motion to strike pursuant to a motion to strike pursuant to California Code of Civil Procedure section 435, subdivision (b).
PARTY’S REQUEST
Defendants ask the Court to strike punitive damages from the complaint because Plaintiff has not stated a prima facie case for punitive 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, subd. (b).) Th