Judge: Salvatore Sirna, Case: 24PSCV00041, Date: 2024-09-04 Tentative Ruling

Case Number: 24PSCV00041    Hearing Date: September 4, 2024    Dept: G

Defendant 168 US Trucking, Inc.’s Motion to Strike Portions of Plaintiff’s Complaint

Respondent: Plaintiff Adam Latawiec

Defendant Haibin Hu’s Motion to Strike Portions of Plaintiff’s Complaint

Respondent: Plaintiff Adam Latawiec

TENTATIVE RULING

Defendant 168 US Trucking, Inc.’s Motion to Strike Portions of Plaintiff’s Complaint and Defendant Haibin Hu’s Motion to Strike Portions of Plaintiff’s Complaint are CONTINUED to a date to be determined at the hearing set in Department G (Pomona).

Defendants’ counsel is also ordered meet and confer with Plaintiff’s counsel regarding the motions to strike and file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the present motions.

BACKGROUND

This is a personal injury action arising from a motor vehicle collision. In October 2023, Plaintiff Adam Latawiec was involved in a motor vehicle collision with Defendant Haibin Hu on Interstate 40 near Oklahoma City, Oklahoma.

On January 4, 2024, Latawiec filed a complaint against Defendants 168 US Trucking, Inc. (168 US Trucking) and Hu, alleging causes of action for (1) negligence; (2) respondeat superior; (3) negligent hiring, training, and supervision; and (4) negligent entrustment.

On June 14, 2024, 168 US Trucking and Hu filed the present motions. A hearing on the present motions is set for September 4, 2024, along with a case management conference.

ANALYSIS

168 US Trucking and Hu move to strike Latawiec’s request for punitive damages and attorney fees. Because 168 US Trucking and Hu’s counsel did not adequately meet and confer, the court will CONTINUE the hearing on their motions.

Legal Standard

Upon a party’s motion or the court’s own motion, the court may strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., § 436, subd. (b).) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).)

Pursuant to Code of Civil Procedure section 435.5, subdivision (a), prior to filing a motion to strike, “the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.” This section further provides that “the moving party shall identify all of the specific allegations that it believes are subject to being stricken and identify with legal support the basis of the deficiencies.” (Code Civ. Proc., § 435.5, subd. (a)(1).) However, “[a] determination by the court that the meet and confer process was insufficient shall not be grounds to grant or deny the motion to strike.” (Code Civ. Proc., § 435.5, subd. (a)(4).)

Discussion

In this case, 168 US Trucking and Hu’s counsel attempted to meet and confer by sending a letter to Latawiec’s counsel. (Nguyen Decl., ¶ 5.) Because a letter is not a code-compliant means of meeting and conferring and counsel’s declaration does not state if counsel held telephonic discussions or attempted to contact counsel by telephone, the court finds parties have failed to adequately meet and confer. Thus, a continuance of the hearing on their motions to strike is appropriate.

CONCLUSION

Based on the foregoing, 168 US Trucking and Hu’s motions to strike portions of Latawiec’s Complaint are CONTINUED to a date to be determined at the hearing set in Department G (Pomona).

168 US Trucking and Hu’s counsel is also ordered meet and confer with Latawiec’s counsel regarding the motion to strike and file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing on the present motion.