Judge: Robert P. Dahlquist, Case: 37-2023-00030934-CU-PA-NC, Date: 2024-01-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 30, 2024

01/31/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2023-00030934-CU-PA-NC SIMENTAL VS. KLUTHE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 11/09/2023

Defendant Stephen Kluthe's motion to strike (ROA # 10) is denied. Defendant shall file an answer by February 12, 2024.

At this preliminary stage of the case, the court finds that the allegations of the amended complaint are sufficient to permit a request for punitive damages in plaintiff's complaint.

As the case progresses, defendant may continue to assert that plaintiff is not entitled to recover punitive damages. Defendant may do so by way of dispositive motions and at trial.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Wednesday, January 31, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 31, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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