Department 58

Hearing Date: October 8, 2024

Case Name: Michael Yadegari v. Debra Pinkus Gold and Does 1-20

Case No.: 24STCV06112

Motion: Motion to Strike Portions of First Amended Complaint

Moving Party: Defendant Debra Pinkus Gold

Responding Party: Plaintiff Michael Yadegari

Tentative Ruling: The Motion to Strike is granted.

Background

This case arises out of a vehicular accident. On March 12, 2024, Michael Yadegari (Plaintiff) filed suit against Debra Pinkus Gold (Defendant). Plaintiff alleges that on March 24, 2022, Defendant operated a vehicle while under the influence of alcohol which resulted in a collision with Plaintiff’s vehicle, Plaintiff’s injuries, and lost income.

Plaintiff filed the operative First Amended Complaint (FAC) on July 1, 2024.

Defendant Gold filed this motion to strike on July 30, 2024.

Legal Standard

The court may, upon a motion made pursuant to Section 435, strike any irrelevant, false, or improper matter inserted into any pleading or strike out all or any part of a pleading not “drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc. § 436.) Attorneys’ fees are only available if provided for by statute or contract. (Code Civ. Proc. §§ 1021, 1035(a)(10).)

Discussion

Meet and Confer

The party planning to file motion to strike must meet and confer in person or by telephone conference with the opposing party at least five (5) days prior to the deadline for the responsive pleading. (Code Civ. Proc., § 435.5.)

Here, Defendant’s counsel Julie R. Beaton asserts she attempted to meet and confer with Plaintiff prior to filing this motion. (Declaration of Julie R. Beaton, Esq., ¶ 2; Exhibit 1 “Meet and Confer Letter – July 23, 2024,” p. 1.) On July 22, 2024, Beacon mailed and emailed Plaintiff a letter requesting to “meet and confer” about the improper prayer for attorneys’ fees in Plaintiff’s FAC. (Ibid.) Plaintiff did not respond.

Accordingly, even though Plaintiff did not respond, the Court finds that Defendant met the meet and confer requirement.

Attorneys’ Fees

Defendant moves to strike Plaintiff’s prayer for “attorneys’ fees” on page 4, line 16 of the FAC. (Motion to Strike, p. 2:3-4.) Defendant argues that Plaintiff’s request is against the laws of California.

The Court finds that Plaintiff’s prayer for attorney’s fees is improper because such fees are only available if provided for by statute or contract. (Code Civ. Proc. §§ 1021, 1035(a)(10).) Accordingly, the Court strikes this language from the FAC.

Conclusion

The Court grants Defendant’s motion to strike.