SCOE’s Motion to Strike
TENTATIVE RULING
Defendant SOLANO COUNTY OFFICE OF EDUCATION (“SCOE”) moves to strike its name from two paragraphs of Plaintiff COLLEEN BOYCE’s complaint; paragraph 13, wherein Plaintiff labels SCOE a common carrier, and paragraph 18, wherein Plaintiff states SCOE is liable for failing to perform a mandatory governmental duty.
Defendant’s motion to strike is granted without leave to amend. Code of Civil Procedure section 436, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.)
Plaintiff does not oppose the motion with regard to paragraph 13. The dispute before the court concerns only paragraph 18.
Paragraph 18 of the complaint
Hearing Date
September 11, 2020
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SCOE’s Motion to Strike
TENTATIVE RULING
Defendant SOLANO COUNTY OFFICE OF EDUCATION (“SCOE”) moves to strike its name from two paragraphs of Plaintiff COLLEEN BOYCE’s complaint; paragraph 13, wherein Plaintiff labels SCOE a common carrier, and paragraph 18, wherein Plaintiff states SCOE is liable for failing to perform a mandatory governmental duty.
Defendant’s motion to strike is granted without leave to amend. Code of Civil Procedure section 436, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.)
Plaintiff does not oppose the motion with regard to paragraph 13. The dispute before the court concerns only paragraph 18.
Paragraph 18 of the complaint