RICHARD WEISBERGER, Plaintiff, vs. STARBUCK COFFEE COMPANY, et al., Defendants.

CASE NO: BC625093

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO STRIKE CERTAIN PORTIONS OF COMPLAINT

Dept. 98
1:30 p.m.
November 14, 2016

On June 24, 2016, Plaintiff Richard Weisberger (“Plaintiff”) filed this action against Defendant Starbucks Corporation (erroneously sued as Starbuck Coffee Company) (“Defendant”) for alleged damages arising out of a June 24, 2014 trip and fall. Defendant now moves to strike certain portions of Plaintiff’s Complaint.

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. Cal. Code of Civ. Proc. § 435(b)(1). The Court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not dra