Tentative Ruling on Motion to Strike Class Allegations in Amended Complaint Milner v. Bridge Housing, Case No. 2019-54565

March 20, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is a putative class action involving a 2017-2019 bedbug infestation at defendant's low-income housing unit at 929 9th Avenue in San Diego. The nine count complaint was filed October 15, 2019. Plaintiffs attempted to file an FAC on December 11, 2019, but it was rejected. ROA 9. There is no FAC on file. Yet defendant now attacks the FAC by way of a motion to strike the class action allegations therefrom. ROA 13-16.

The court had occasion to address class certification in a bedbug case about 6 years ago. See Burroughs v. Tom Hom Investment Corp., Case No. 2013-029591, ruling of 3/7/14 (ROA 143).

The present case is also set for a CMC. ROA 7.

2. Applicable Standards.

A. A motion to strike lie........