Judge: Frank M. Tavelman, Case: 23BBCV02466, Date: 2024-02-16 Tentative Ruling

Case Number: 23BBCV02466    Hearing Date: February 16, 2024    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO STRIKE

NOTICE:

The Court is not requesting oral argument on this matter.  Pursuant to California Rules of Court, Rule 3.1308(a)(1) notice of intent to appear is required.  Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no notice of intent to appear is received.”  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS/ANALYSIS:

Robert Soblavarro (Plaintiff) brings this action against Prime Sports Nutrition (Defendant). Plaintiff alleges he was injured after ingesting a pre-workout supplement, purchased from Defendant, which contained harmful substances including methamphetamine.

Before the Court is Prime Sports motion to strike Plaintiff’s request for punitive damages, which Plaintiff opposes.

On February 13, 2024, the parties submitted a proposed stipulation to stay all proceedings in the matter for 90 days. The parties explain that this stay is necessary to allow Defendant to resolve an issue with the Franchise Tax Board. The Court intends to grant the stipulation but has initially denied is as it was not signed by Plaintiff’s counsel.  Once resubmitted and signed all proceedings will be stayed for 90 days. Accordingly, the motion to strike must be continued in accordance with this stay.

Defendant’s motion to strike is continued 120 days to June 14, 2024. The case management conference set for March 18, 2024 is similarly continued to June 14, 2024.

--- 

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 

Prime Sports Nutrition’s Motion to Strike came on regularly for hearing on February 16, 2024, 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 CONTINUED TO JUNE 14, 2024.

THE CASE MANAGEMENT CONFERENCE SET FOR MARCH 18, 2024 IS CONTINTUED TO JUNE 14, 2024.

UNLESS ALL PARTIES WAIVE NOTICE, DEFENDANT TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  February 16, 2024                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles