CASE NAME: Castilla v. Martinez, et al.

CASE NO.: BC712387

HEARING DATE: 1/4/19

DEPARTMENT: 37

CALENDAR NO.: 7

FILING DATE: 7/2/18

FSC/TRIAL DATE: None

NOTICE: OK

SUBJECT: Demurrer to Complaint and Motion to Strike [1]

MOVING PARTY: Defendant Enrique Saavedra

OPPOSING PARTY: Plaintiff Gerardo Castilla

The Court OVERRULES the demurrer to the first through sixth causes of action and SUSTAINS the demurrer to the seventh cause of action with 20 days leave to amend. The Court DENIES the motion to strike in-part as to the allegations related to the request for punitive damages; the motion is otherwise MOOT. Counsel for Defendant Saavedra to give notice.

This action arises from allegations that Defendants Hector Javier Martinez (“Martinez”) and Enrique Saavedra (“Saavedra”) attacked and beat Plaintiff Gerardo Castilla (“Castilla”) on July 3, 2016. Plaintiff alleges that he had parked his vehicle in front of Defendant M&E Stores (“M&E”) at 1031 E. Olympic Boulevard St., Los Angeles