Judge: Lynne M. Hobbs, Case: 24STCV18168, Date: 2025-02-03 Tentative Ruling

Case Number: 24STCV18168    Hearing Date: February 3, 2025    Dept: 61

ISMAEL CARDOZO vs B & R COMMERCE, INC., A CALIFORNIA STOCK CORPORATION

Tentative:

Defendant’s Motion to Strike portions of the Complaint is MOOT as a First Amended Complaint is now the operative complaint.

Plaintiff to provide Notice.

Analysis:

Defendant B & R Commerce, Inc. moves to strike punitive damages as to (i) the first cause of action at ¶ 26, (ii) the second cause of action at ¶ 34, (iii) the third cause of action at ¶ 41, (iv) the fourth cause of action at ¶ 48, (v) the fifth cause of action at ¶ 52, (vi) the sixth cause of action at ¶ 63, and (vii) the prayer for relief at page 16, number 4 of the Complaint filed on July 24, 2024 by Plaintiff Ismael Cardozo.

“A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.” (emphasis added.) (Cal. Code Civ. Proc. § 472.)

The Court notes that a FAC was filed before the Motion to Strike hearing’s opposition was due. Therefore, the new operative pleading is the FAC. Accordingly, the Motion to Strike portions of the Complaint is MOOT.