Notice Ofmotion And Omtion To Strike Attorneys Fees And Punitive And Exemplary Damages Adn Certain Other Allegations

Set for hearing on Thursday, May 2, 2013, Line 15, DEFENDANTS PETER KHOURY and H324 LLC's Motion To Strike Attorneys Fees And Punitive And Exemplary Damages And Certain Other Allegations.

The motion to strike the request for attorney fees is denied. The only basis for fees that Plaintiff cites in opposition to the motion to strike is Civil Procedure Code section 1021.5. However, Plaintiff is not even required to plead his intent to seek attorneys' fees under CCP 1021.5. Snatchko v. Westfield LLC (2010) 187 Cal. App. 4th 469, 497. The Court thus denies the motion to strike this requested relief at the pleading stage. Finally, Defendant states in Reply that, despite the reference in the caption of his motion to strike to "punitive and exemplary damages," he was not moving to strike references to these damages.

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