For Plaintiff Bui Simon, derivatively on behalf of Office of Angela Scott LLC: Patricia L. Glaser, Cynthia E. Organ, Alexander R. Miller, Glaser Weil Fink Howard Jordan & Shapiro LLP
For Defendants Angela Scott, Scott Milden, and Milden, LLC: Bert H. Deixler, Patrick J. Somers, David T. Freenock, Kendall Brill & Kelly LLP
IssueMotion of Defendants for Judgment on the Pleadings
RULING
For the reasons discussed herein, the motion of Defendants for judgment on the pleadings is denied. The Court on its own motion strikes the words “sixteenth cause of action” from page 32, line 10 of the first amended complaint as improper matter inserted in the pleading.
Background
(Note: This case is related to Simon v. Scott, case number 23CV03184, in which a motion for judgment on the pleadings is also set for this hearing.)
(1) Allegations of First Amended Complaint
As alleged in Plaintiff’s first amended complaint (FAC):
Plaintiff Bui Simon (Simon) is a founder and 50 percent owner/ member of The Off
Hearing Date
March 13, 2024
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For Plaintiff Bui Simon, derivatively on behalf of Office of Angela Scott LLC: Patricia L. Glaser, Cynthia E. Organ, Alexander R. Miller, Glaser Weil Fink Howard Jordan & Shapiro LLP
For Defendants Angela Scott, Scott Milden, and Milden, LLC: Bert H. Deixler, Patrick J. Somers, David T. Freenock, Kendall Brill & Kelly LLP
IssueMotion of Defendants for Judgment on the Pleadings
RULING
For the reasons discussed herein, the motion of Defendants for judgment on the pleadings is denied. The Court on its own motion strikes the words “sixteenth cause of action” from page 32, line 10 of the first amended complaint as improper matter inserted in the pleading.
Background
(Note: This case is related to Simon v. Scott, case number 23CV03184, in which a motion for judgment on the pleadings is also set for this hearing.)
(1) Allegations of First Amended Complaint
As alleged in Plaintiff’s first amended complaint (FAC):
Plaintiff Bui Simon (Simon) is a founder and 50 percent owner/ member of The Off