Judge: Melvin D. Sandvig, Case: 23CHCV03461, Date: 2024-04-15 Tentative Ruling

Case Number: 23CHCV03461    Hearing Date: April 15, 2024    Dept: F47

Dept. F47

Date: 4/15/24

Case #23CHCV03461

 

DEMURRER & MOTION TO STRIKE TO THE ORIGINAL COMPLAINT

 

Demurrer & Motion to Strike filed on 1/29/24.

 

MOVING PARTY: Defendant Restore Tactics, Inc.

RESPONDING PARTY: Plaintiff Ruben Nunez

NOTICE: ok

 

Demurrer is to the 1st – 4th causes of action:

            1.  Breach of Contract

            2.  Negligence

            3.  Fraud

            4.  Disgorgement Pursuant to Business & Professions Code 7031

            5.  Complaint Against Contractor’s Bond

 

RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of the complaint relating to exemplary damages, punitive damages and attorneys’ fees.

 

RULING: The hearing will be continued. 

 

This action arises out of a contract for work to be performed on Plaintiff Ruben Nunez’s (Plaintiff) home by Defendant Restore Tactics, Inc. (RTI).  Plaintiff contends that the work was not properly performed.  Therefore, on 11/13/23, Plaintiff filed this action against RTI, James Sotelo Duran, Okalani Manu Taufahema and Henry Renteria for: (1) Breach of Contract, (2) Negligence, (3) Fraud and (4) Disgorgement Pursuant to Business & Professions Code 7031.

 

After meet and confer efforts failed to resolve the issues defendants have with the complaint, on 1/29/24, RTI filed and served the instant demurrer to the entire complaint and motion to strike which seeks to strike portions of the complaint relating to exemplary damages, punitive damages and attorneys’ fees.  On 4/5/24, 3 court days late and only 1 court day before a reply was due to be filed and served, Plaintiff filed and served oppositions to the demurrer and motion to strike.  See CCP 1005(b).  As of 4/11/24, no replies have been filed. 

 

In order to give RTI the opportunity to respond to the opposition arguments, the hearing on the demurrer and motion to strike will be continued.  Any replies are due to be filed and served at least 5 court days before the continued hearing date.