Judge: Lynne M. Hobbs, Case: 21STCV10093, Date: 2023-08-03 Tentative Ruling

Case Number: 21STCV10093    Hearing Date: August 3, 2023    Dept: 30

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BRAULIO WILFREDO LA BARRERA vs SOUTHERN CALIFORNIA GAS COMPANY, A CALIFORNIA CORPORATION, et al.
21STCV10093
Motion to Strike Punitive Damages

Ruling:  Denied.  Moving party to give notice.

Rationale:

This motion is denied on procedural grounds. A motion to strike any pleading must be filed within the time allowed to respond to a pleading, which is 30 days after service of the Complaint or Cross-Complaint unless extended by court order or stipulation. (Code Civ. Proc., section 435, subd. (b)(1).) Plaintiff served SoCalGas on March 31, 2021. Further, both Defendants filed their answers to the Complaint on May 25, 2021. It has been more than two years since Plaintiff served SoCalGas with the Complaint, and since Defendants filed and served their answers to the Complaint in this matter. Because Defendants filed this motion well after the 30 days after service of the Complaint, the motion is untimely.