JAMES DUNCAN VS CLOUD 9 VAPE PURE LLC ET AL

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# 3. James Duncan v. Cloud 9 Vape Pure LLC, et al.

Case No.: BC699996

Matter on calendar for: motion to strike

Tentative ruling:

I. Background

This is a product liability action against defendant retailers, distributors, and manufacturers of a defective e-cigarette vaping device and lithium battery. The device exploded in plaintiff James Duncan’s hands when he was placing the battery into the device.

Defendant Cloud 9 Vape Pure LLC moves to strike punitive damages, paragraph 14(a)(2), from the Complaint.

Cloud 9 failed to provide a meet and confer declaration pursuant to C.C.P. § 435.5 before filing this motion. This failure is not a ground for denying the motion. (C.C.P. § 435.5(a)(4).)

For the reasons set forth below, the Court grants the motion with leave to amend.

II. Standard

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 of the pleading. (C.C.P., § 435(b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion 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)... ..........................................................