HEARING ON MOTION TO STRIKE PORTIONS OF COMPLAINT
FILED BY SAMER MAJID BARANCE, YANA BARANCE
* TENTATIVE RULING: *
Defendants Samer Majid Barance and Yana Barance’s Motion to Strike Portions of Plaintiff’s Complaint is granted in part and denied in part.
With respect to the allegations and request for punitive damages (Items 1-5 in the Notice of Motion), the motion is granted with leave to amend. As to striking the entirety of the Third Cause of Action for Negligence Per Se, the motion is denied.
This cause of action arose out of a motor vehicle accident occurring on August 31, 2016, on SR-24 Eastbound off-ramp at Acalanes Road in Lafayette. Plaintiff Gail Swatzberg alleges Defendant Samer Majid Barance was driving under the influence of alcohol, in violation of Vehicle Code Section 23152. Defendant crashed his vehicle into the rear of Plaintiff’s vehicle while she was stopped at a red light, causing her serious personal injuries. Defendant Yana Barance is the alleged registered o
Hearing Date
July 05, 2018
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HEARING ON MOTION TO STRIKE PORTIONS OF COMPLAINT
FILED BY SAMER MAJID BARANCE, YANA BARANCE
* TENTATIVE RULING: *
Defendants Samer Majid Barance and Yana Barance’s Motion to Strike Portions of Plaintiff’s Complaint is granted in part and denied in part.
With respect to the allegations and request for punitive damages (Items 1-5 in the Notice of Motion), the motion is granted with leave to amend. As to striking the entirety of the Third Cause of Action for Negligence Per Se, the motion is denied.
This cause of action arose out of a motor vehicle accident occurring on August 31, 2016, on SR-24 Eastbound off-ramp at Acalanes Road in Lafayette. Plaintiff Gail Swatzberg alleges Defendant Samer Majid Barance was driving under the influence of alcohol, in violation of Vehicle Code Section 23152. Defendant crashed his vehicle into the rear of Plaintiff’s vehicle while she was stopped at a red light, causing her serious personal injuries. Defendant Yana Barance is the alleged registered o