Judge: Michael Small, Case: 23STCV02238, Date: 2023-05-22 Tentative Ruling

Case Number: 23STCV02238    Hearing Date: May 22, 2023    Dept: 57

Nicole Dairy has sued Marc Smith for nuisance and trespass.  Dairy and Smith own adjacent  properties.  Dairy alleges that Smith has engaged in widespread, unabated, and unauthorized construction on his property that has substantially and unreasonably interfered with Dairy's use and enjoyment of her property.  Pursuant to Code of Civil Procedure Sections 435-437, Smith has moved to strike the following portions of Dairy's complaint: (1) paragraph 8 in its entirety; (2) five photographs and their captions; (3) Exhibits 1 and 2; (4) the prayer for preliminary and/or permanent injunction and (5) the prayer for punitive damages.  

The Court is denying Smith's motion.  The Court finds that Smith has provided insufficient grounds on which to strike any of the portions of Dairy's complaint in question here.

Smith is directed to file an answer to the complaint within 14 days from the hearing on the motion to strike.