Motion to Strike

The court considered the moving papers. No opposition was filed.

On November 30, 2018, plaintiff Jared Katz (“plaintiff”) filed a complaint against defendant Equinox Fitness Santa Monica, Inc., erroneously sued herein as Equinox and/or the Related Companies, L.P. (“defendant”).

Defendant moves to strike the any mention of a claim for product liability, strict product liability, and negligence per se and to strike punitive damages from the complaint.

The court notes that counsel’s declaration satisfies the meet and confer requirement under CCP § 435.5(a)(3). (Lee-Gulley Decl.)

The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (CCP § 436(a).) The court may also strike 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(b).) The grounds for a motion to stri