The court may, upon a motion made pursuant to CCP § 435, or at any time in its discretion, and upon terms it deems proper strike out any irrelevant, false, or improper matter inserted in any pleading, or strike out 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.) As with a demurrer,
on a motion to strike “the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” (Washington Internat. Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984 (footnote 2).) In this case, Defendants seek to strike two areas of the FAC. The first are paragraphs 15-180, 229-250 and paragraph g of the prayer which relate to the history of recalls, customer complaints to NHTSA and request for punitive damages. Given these allegations relate to and support the fraudulent concealment cause of action and the sustaining
Hearing Date
December 30, 2020
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The court may, upon a motion made pursuant to CCP § 435, or at any time in its discretion, and upon terms it deems proper strike out any irrelevant, false, or improper matter inserted in any pleading, or strike out 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.) As with a demurrer,
on a motion to strike “the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” (Washington Internat. Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984 (footnote 2).) In this case, Defendants seek to strike two areas of the FAC. The first are paragraphs 15-180, 229-250 and paragraph g of the prayer which relate to the history of recalls, customer complaints to NHTSA and request for punitive damages. Given these allegations relate to and support the fraudulent concealment cause of action and the sustaining