LEWIS, ET AL. VS. MAGNOLIA HOLDING, LLC, ET AL.
Case Number: CVCV21-0197057
Tentative Ruling on Motion to Strike: Defendants Magnolia Holdings, LLC and Plum
Healthcare Group, LLC (hereinafter collectively “Defendants”) move to strike specific prayers for
damages alleged in the First Amended Complaint. Defendants seek to strike the request for pain
and suffering in the third cause of action. It also seeks to strike the requests for general damages,
special damages, restitution, punitive damages, treble damages, interest and attorney fees
associated with the fifth cause of action for unfair business practices.
Merits of Motion: A motion to strike can be used to attack the entire pleading, or any part thereof,
including single words or phrases. Stearns Ranchos v. Atchison Topeka & Santa Fe Railway
(1981) 19 Cal.App.3d 24. It is proper for the Court to strike any irrelevant, false or improper
matter. CCP § 436(a). The Court can also strike any part of a pleading that is not drawn or filed