Judge: Lee W. Tsao, Case: 23NWCV03250, Date: 2024-08-13 Tentative Ruling

Case Number: 23NWCV03250    Hearing Date: August 13, 2024    Dept: C

Paul H. Richards vs Robert Peters, et al.

Case No.: 23NWCV03250

Hearing Date: August 13, 2024 @ 9:30 a.m.

#5

Tentative Ruling

Defendants’ Motion to Strike is GRANTED.

Defendants to give notice.

This is a personal injury action. In a complaint filed on October 12, 2023, Plaintiff Paul Richards (“Plaintiff”) sues Defendant Robert Peters and Carmel Peters (“Defendants”) for Negligence. 

Defendant moves to strike the prayer for “$482,500” on the ground that it is improper under Code of Civil Procedure section 425.10(b).

As of August 9, 2024, the motion is unopposed. 

Legal Standard

Upon motion, or at any time in its own discretion, a court may grant a motion to strike any of the following material: (1) irrelevant, false, or improper matter inserted in any pleading; or (2) all or any part of any pleading not drawn in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc. §436.) These provisions also authorize “the striking of a pleading due to improprieties in its form or in the procedures pursuant to which it was filed.” (Ferraro v. Camarlinghi, (2008) 161 Cal.App.4th 509, 528, emphasis in original.)

Discussion

CCP § 425.10 provides:

“(a) A complaint or cross-complaint shall contain both of the following:

(1) A statement of the facts constituting the cause of action, in ordinary and concise language.

(2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.

(b) Notwithstanding subdivision (a), where an action is brought to recover actual or punitive damages for personal injury or wrongful death, the amount demanded shall not be stated, but the complaint shall comply with Section 422.30 and, in a limited civil case, with subdivision (b) of Section 70613 of the Government Code.”

This is a personal injury action. Accordingly, under CCP § 425.10, the amount demanded shall not be stated on the face of the Complaint.

Therefore, the Court GRANTS Defendants’ Motion to Strike the prayer for “$482,500”.