Judge: Curtis A. Kin, Case: 22STCV12737, Date: 2022-12-08 Tentative Ruling

Case Number: 22STCV12737    Hearing Date: December 8, 2022    Dept: 72

MOTION TO STRIKE PORTIONS OF COMPLAINT

Date:               12/8/22 (8:30 AM)                                         

Case:                                       Pepperdine University v. Harley Ellis Devereaux Corp, et al. (22STCV12737)                                

TENTATIVE RULING:

Defendant Harley Ellis Devereaux Corporation’s Motion to Strike Portions of Complaint is taken OFF-CALENDAR due to the service and filing of a First Amended Complaint (“FAC”) on November 15, 2022.

The Court notes plaintiff Pepperdine University’s request to deny the motion despite the filing of the FAC. (Opp. at 6:6-7.) The FAC superseded the initially filed Complaint. (LAOSD Asbestos Cases (2018) 28 Cal.App.5th 862, 875.) Accordingly, the motion to strike directed to the initially filed Complaint is MOOT. The Court declines to issue an advisory opinion regarding the sufficiency of the FAC. In connection with an contemplated motion to strike concerning the newly filed FAC, the parties are ordered to meet and confer in accordance with CCP 435.5, including consideration of Camenisch v. Superior Court (1996) 44 Cal.App.4th 1689, 1699 [unsupported attorney fee allegations need not be stricken pursuant to a motion to strike, since later discovery may reveal a basis for their recovery].

On the Court’s own motion, pursuant to the filing of the FAC, defendant Sundt Construction, Inc.’s Demurrer to Complaint filed on October 14, 2022, which defendant Sundt Construction Ins. answered on December 5, 2022, is taken OFF-CALENDAR.