Judge: Martha K. Gooding, Case: 22-01285827, Date: 2023-08-21 Tentative Ruling

1)   Motion to Strike Portions of Cross-Complaint

2)   Case Management Conference

The Motion by Plaintiff/Cross-Defendant Jacob A. Villegas to strike portions of the Cross-Complaint is GRANTED.

Villegas contends the Court should strike the request for attorneys’ fees in the Cross-Complaint by Defendant/Cross-Complainant Jesus A.M. Beltran, (ROA 14). Specifically, Villegas contends that none of Beltran’s crossclaims give rise to attorneys’ fees, and that “there is no statute that authorizes attorney’s fees for negligence in car accident cases and there is no such authority cited in the Cross-Complaint.” (Mot. at 3.) The Court agrees the Cross-Complaint fails to allege any facts supporting a claim for attorneys’ fees. Beltran has not opposed the motion and has not explained why his request for fees should survive. Thus, the request for attorneys’ fees is stricken from the Cross-Complaint. (Code Civ. Proc. § 436.)

Moving party Villegas is ordered to give notice of the ruling.