Judge: Michael J. Strickroth, Case: 2021-01193717, Date: 2023-08-21 Tentative Ruling

Motion to Strike Portions of Complaint

Defendants’ Motion to Strike Portions of the Second Amended Complaint is GRANTED in part and DENIED in part.

First, Defendant moves to strike references to Plaintiff’s recovery of attorney fees in the SAC at paragraphs 46, 97, 103, and paragraph 3 of the prayer for relief. Plaintiff does not oppose the motion as to the attorney fees allegations. (Opposition, 7:17-18.) The motion is granted as to the references to recovery of attorney fees because Plaintiff has not alleged a statutory or contractual basis to recover attorney fees. Code of Civil Procedure § 1033.5(a)(10).

Second, Defendant moves to strike various factual allegations in the SAC, which Defendant contends are irrelevant and false. Plaintiff is entitled to plead background facts supporting the causes of action in the SAC. The Court cannot determine the truth or admissibility of such factual allegations at this stage. Therefore, the motion is denied as to the remaining allegations in the motion.

Plaintiff to give notice.

Case Management Conference

OSC re:  Dismissal for Failure to Proceed

Regardless whether the parties submit on the tentative above, counsel for the parties are required to attend the Case Management  Conference/Order to Show Cause, either remotely or in person.