Judge: Frank M. Tavelman, Case: 23BBCV01119, Date: 2023-09-01 Tentative Ruling

Case Number: 23BBCV01119    Hearing Date: September 15, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO STRIKE

ALLEGATIONS: 

On May 19, 2023, Christian Venson (“Plaintiff”) filed this suit against Aaron Koeppel (“Koeppel”) and Edna Tigtig (“Tigtig”) (collectively “Defendants”) alleging Defendants negligent operation of their automobile caused Plaintiff injury.

Tigtig now moves to strike portions of Plaintiff’s complaint containing allegations that Tigtig allowed Koeppel to operate the vehicle under the influence. Tigtig also moves to strike Plaintiff’s request for punitive damages. Plaintiff has filed no opposition.

RELIEF REQUESTED:

Tigtig requests the Court issue an order striking the following portions of Plaintiff’s Complaint:

1.      From Plaintiff’s allegation on page 2 of the Complaint: “11. At all times mentioned in this complaint, defendants Aaron Koeppel, were driving and operating the automobile under the influence (despicable conduct) with the consent, permission, and knowledge of defendant, Aaron Koeppel and/or Edna Tigtig, or authorized agents.”

2.       From plaintiff’s allegations on page 2 through 3 of the complaint: “12. On June 6, 2021, defendant Aaron Koeppel and/or Edna Tigtig, negligently operated a certain automobile, under the influence, (despicable conduct) and, as a proximate result of that negligent operation, collided with plaintiff’s automobile.”

3.       From Plaintiff’s prayer on page 4 of the Complaint: “6. For punitive damages”.

ANALYSIS: 

I.                    LEGAL STANDARD 

Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See C.C.P. §§ 435, 436, and 437.) The proper procedure to attack false allegations in a pleading is a motion to strike. (C.C.P. § 436(a).) In granting a motion to strike made under C.C.P. § 435, “[t]he court may, upon a motion made pursuant to Section 435 [notice of motion to strike whole or part of complaint], or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.” (C.C.P. § 436(a).) Irrelevant matters include immaterial allegations that are not essential to the claim or those not pertinent to or supported by an otherwise sufficient claim. (C.C.P. § 431.10.) The court may also “[s]trike 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.” (C.C.P. § 436 (b).)

II.                 MEET AND CONFER

C.C.P. § 435.5(a) requires that the moving party meet and confer with the party who filed the pleading that is subject to the motion to strike. Upon review the Court finds the meet and confer requirements were met. (Lira Decl. ¶¶ 9-10, Exh. A.)

III.              MERITS

On September 1, 2023, this Court granted Koeppel’s motion to strike as to paragraphs 11 and 12 of the Complaint and the punitive damages sought in connection with them. The motion was granted with 20 days leave to amend. Accordingly, Tigtig’s subsequent motion to strike those same paragraphs and the request for punitive damages is MOOT. 

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

Edna Tigtig’s Motion to Strike came on regularly for hearing on September 15, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO STRIKE IS MOOT.

IT IS SO ORDERED. 

DATE:  September 15, 2023                          _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles