Judge: Lisa R. Jaskol, Case: 23STCV20914, Date: 2023-12-01 Tentative Ruling

Case Number: 23STCV20914    Hearing Date: December 1, 2023    Dept: 28

Having considered the moving papers, the Court rules as follows.  

BACKGROUND 

On August 30, 2023, Plaintiff Sandra Elaine Wright (“Plaintiff”) filed this action against Defendant Ross Dress For Less (“Defendant”) for negligence, personal injury, and premises liability.  The complaint prays for $10,000,000.00 in damages. 

On October 24, 2023, Defendant filed a motion to strike to be heard on December 1, 2023.  Plaintiff has not filed an opposition. 

Trial is currently scheduled for February 26, 2025. 

PARTY’S REQUEST 

Defendant requests that the Court strike the complaint's request for $10,000,000.00 in damages. 

LEGAL STANDARD 

“Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof . . . .”  (Code Civ. Proc., § 435, subd. (b)(1).)  The Court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” (Code Civ. Proc., § 436, subd. (a).)  “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).)  “Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit.” (Code Civ. Proc., § 437, subd. (b).) 

“In passing on the correctness of a ruling on a motion to strike, judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.”  (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.)  “In ruling on a motion to strike, courts do not read allegations in isolation.”  (Ibid.) 

DISCUSSION 

Plaintiff has filed a complaint seeking damages for personal injuries allegedly caused by Defendant.  “[W]here an action is brought to recover . . . damages for personal injury . . . , the amount [of damages] demanded shall not be stated” in the complaint.  (Code Civ. Proc., § 425.10, subd. (b).) 

The Court grants Defendant's motion and strikes all references to $10,000,000.00 from the complaint. 

CONCLUSION 

The Court GRANTS Defendant Ross Dress For Less’s motion to strike the references to $10,000,000.00 from the complaint of Plaintiff Sandra Elaine Wright.  The Court strikes the references to $10,000,000.00 from the complaint. 

Plaintiff Sandra Elaine Wright may file a first amended complaint omitting the references to $10,000,000.00 within 30 days of the hearing on this motion. 

Moving party is ordered to give notice. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.