Motions to Strike by Defendants American Honda Motor Co., Inc. and Sunroad Auto, LLC dba Pacific Honda
Defendants each filed separate Motions to Strike. Defense counsel, however, only reserved hearing time for one motion. Inasmuch as the motions raise nearly the same arguments, only on ruling will be issued.
"The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike 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 of the court." CCP §436.
To allege sufficient facts to support punitive damages, plaintiff must allege specific facts showing that defendant's conduct was oppressive, fraudulent or malicious, as defined by Civil Code §3294(c). Smith v. Superior Court (Bucher) (1992) 10 Cal.App.4th 1033, 1041-1042; G.D. Searle & Co. v. Superior Court (1975) 4
Hearing Date
January 07, 2021
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Motions to Strike by Defendants American Honda Motor Co., Inc. and Sunroad Auto, LLC dba Pacific Honda
Defendants each filed separate Motions to Strike. Defense counsel, however, only reserved hearing time for one motion. Inasmuch as the motions raise nearly the same arguments, only on ruling will be issued.
"The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike 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 of the court." CCP §436.
To allege sufficient facts to support punitive damages, plaintiff must allege specific facts showing that defendant's conduct was oppressive, fraudulent or malicious, as defined by Civil Code §3294(c). Smith v. Superior Court (Bucher) (1992) 10 Cal.App.4th 1033, 1041-1042; G.D. Searle & Co. v. Superior Court (1975) 4