Judge: Nick A. Dourbetas, Case: 2023-01304350, Date: 2023-08-18 Tentative Ruling
1. Motion to Strike Portions Of Complaint
2. Case Management Conference
Defendants CL Taylor Construction, Inc. and Carey Taylor’s motion to strike portions of the complaint filed by Mark Squiers is DENIED in part as MOOT and GRANTED in part as follows:
The request to strike the prayer for attorney fees is denied as moot. Faton v. Ahmedo (2015) 236 Cal.App.4th 1160, 1169 [“statutory attorney fees need not be pleaded and proved at trial and may properly be awarded after entry of judgment”]; See Snatchko v. Westfield LLC (2010) 187 Cal.App.4th 469, 497.
The request to strike the prayer for statutory treble damages is granted. Plaintiff may amend his complaint to include the statutory damages if and when he discovers Doe 1 was indeed unlicensed.
* CMC is continued to December 19, 2023 at 9 AM. *
Moving Party shall give notice of all the above.