The Motion by Defendants McKennaco, Inc. and Maureen Corona to Strike Punitive Damages is DENIED.
Timeliness: Even though the Motion to Strike is late, the court can still rule on it. A Motion to Strike has the same time requirements as a demurrer. Code Civ. Proc., § 435 (b) (1) provides that “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 . . .”
A party may file a Demurrer and an Answer at the same time. Code Civ. Proc., § 430.30 (c) permits “A party objecting to a complaint or cross-complaint may demur and answer at the same time.” Therefore, Defendant properly filed an Answer and a Motion to Strike simultaneously.
A court has discretion to consider an untimely Demurrer. Jackson v. Doe (2011) 192 Cal.App.4th 742, 749. Therefore, a court would have similar discretion to rule on a late Motion to Strike.
Pleading Requirements: In order to survive a Motion to Strike punitive damages, the Plaintiff
Hearing Date
November 06, 2020
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The Motion by Defendants McKennaco, Inc. and Maureen Corona to Strike Punitive Damages is DENIED.
Timeliness: Even though the Motion to Strike is late, the court can still rule on it. A Motion to Strike has the same time requirements as a demurrer. Code Civ. Proc., § 435 (b) (1) provides that “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 . . .”
A party may file a Demurrer and an Answer at the same time. Code Civ. Proc., § 430.30 (c) permits “A party objecting to a complaint or cross-complaint may demur and answer at the same time.” Therefore, Defendant properly filed an Answer and a Motion to Strike simultaneously.
A court has discretion to consider an untimely Demurrer. Jackson v. Doe (2011) 192 Cal.App.4th 742, 749. Therefore, a court would have similar discretion to rule on a late Motion to Strike.
Pleading Requirements: In order to survive a Motion to Strike punitive damages, the Plaintiff