Judge: Erick L. Larsh, Case: "Citek Tape Drive Repair Specialists, Inc. vs. FXI, Inc.", Date: 2023-08-24 Tentative Ruling

Motion No. 1 Demurrer.

Defendant FXI, Inc.’s Demurrer to plaintiff’s complaint is overruled. (See Code Civ. Proc. § 430.10, subd. (e) & (f).)

The demurrer on the grounds of uncertainty is overruled on the grounds that the complaint is poorly drafted that Defendant cannot reasonably respond. (See Khoury v. Maly’s of California Inc. (1993) 14 Cal.App.4th 612, 616.)

The general demurrer as to the second and third causes of action is overruled. The complaint states facts sufficient to state a cause of action, plus the facts alleged in the complaint allege a cause of action under Health & Safety Code section 13007. If a complaint states facts sufficient to state any cause of action, it defeats a general demurrer. (See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38-39; New Livable Calif. v. Association of Bay Area Governments (2020) 59 Cal.App.5th 709, 714-715.)

Motion No. 2. Motion to Strike.

Defendant, FXI, Inc.’s Motion to Strike is granted in part and denied in part. (See Code Civ. Proc. § 435.)

The motion is granted as to punitive damages allegations with leave to amend. The conduct alleged in the complaint does not quite rise to despicable conduct required by Civil Code section 3294 for non-intentional acts.

The balance of the motion is denied. The court declines to engage in a line item veto of the complaint. (See PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1683.)

Plaintiff to file an amended complaint, if any, within ten days.

Defendant is ordered to give notice.