Judge: Deirdre Hill, Case: 22TRCV0076, Date: 2023-01-13 Tentative Ruling

Case Number: 22TRCV0076    Hearing Date: January 13, 2023    Dept: M

Hearing Date:                         January 13, 2023

Moving Parties:                      (1) Defendant UHS of Delaware, Inc., (2) defendant Del Amo Hospital, Inc.

Responding Party:                  None

(1)   Motion to Strike Complaint

(2)   Motion to Strike Complaint

            The court considered the moving papers.

RULING

            The motions to strike are MOOT.

BACKGROUND

            On September 1, 2022, plaintiff Kaila M. Gutierrez, a minor by and through her parent and guardian ad litem, Nikkie Parra Dowding, filed a complaint against defendants Juden C. Valdez, M.D., UHS of Delaware, Inc., and Del Amo Hospital, Inc. for (1) medical negligence/malpractice and (2) premises liability – failure to protect from criminal acts of third parties.

LEGAL AUTHORITY

“The court may, upon a motion . . . , or at any time in its discretion, and upon terms it deems proper:  (a) Strike any irrelevant, false, or improper matter inserted in any pleading.  (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.”  CCP §436(b).

            CCP §431.10 states:  “(a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense.  (b) An immaterial allegation in a pleading is any of the following:  (1) An allegation that is not essential to the statement of a claim or defense.  (2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense.  (3) A demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint.  (c) An ‘immaterial allegation’ means ‘irrelevant matter’ as that term is used in Section 436.”

The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice.  CCP §437.

DISCUSSION

            Defendants UHS of Delaware, Inc. and Del Amo Hospital, Inc. request that the court strike the following in the complaint at 6:10-26, 11:9-10, 14:10-12, 15:12.

            On November 14, 2022, plaintiff filed a FAC.

            The court finds that the motions are moot in light of the filing of the FAC.  The court notes that defendants filed motions to strike as to the FAC.

            The motion is thus DENIED AS MOOT.

            Defendants are ordered to give notice of ruling.

            Moving party is ordered to give notice of ruling.