Judge: James L. Crandall, Case: 20-1162881, Date: 2022-10-06 Tentative Ruling

Motion to Strike Portions of Complaint

The Court previously sustained Defendant’s demurrer to the First Amended Complaint including the causes of action for fraud and violation of the Consumer Legal Remedies Act with leave to amend.

Plaintiff filed the SAC on 6/6/22.

Defendant filed a motion to strike on 7/5/22, which was set for hearing on 10/6/22.

Defendant also filed a demurrer on 7/5/22, but the demurrer was set for hearing on 11/3/22.

The motion to strike argues that Plaintiff can’t recover punitive damages because the fraud and CLRA claims aren’t viable. However, the demurrer is not set to be heard until 11/3/22.

The Court therefore continues this motion to strike to be heard concurrently with the demurrer on 11/3/22 because they raise interrelated issues regarding viability of Plaintiff’s SAC.

Future hearing dates

11/3/22 – Demurrer

5/19/23 – MSC

6/19/23 – Jury Trial