Judge: Blaine K. Bowman, Case: 37-2023-00008122-CU-PO-NC, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - October 05, 2023

10/06/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00008122-CU-PO-NC CATCOTT VS. STATE OF CALIFORNIA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 06/21/2023

The Motion to Consolidate brought by defendant/cross-complainant/cross-defendant State of California acting by and through the Department of Parks and Recreation (the State) is GRANTED. The matter has been properly noticed, with proof of service on file. The motion is unopposed. Failure to oppose constitutes a waiver and/or admission that a motion is meritorious. The Clerk is directed to consolidate the instant case, Catcott, et al. v. State of California, et al. (Case No. 23-08122), with the later filed case of Beattie v. State of California, et al. (Case No. 23-29948). The instant Catcott case shall be the lead case.

The Motion to Strike Portions of Plaintiffs' Complaint for Punitive Damages (which is filed in the Catcott case prior to the consolidation) brought by defendant Eric Burns is DENIED. Sufficient facts have been alleged to support a claim of punitive damages against defendant Burns, who was allegedly driving his motorcycle while intoxicated and while being pursued by officers.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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