Judge: Sandy N. Leal, Case: 2021-01236442, Date: 2023-07-20 Tentative Ruling

1)   Demurrer to Amended Complaint

2)   Demurrer to Amended Complaint

3)   Demurrer to Cross-Complaint

4)   Motion to Strike Portions of Complaint

5)   Motion to Strike Portions of Complaint

Motion #1: Demurrer to Fourth Amended Complaint

The special demurrer of defendant Jeffrey Goldberg to the first, third, fourth, and fifth causes of action in the fourth amended complaint of plaintiff Jason Goldberg is overruled.

The general demurrer to the first cause of action is overruled.

The general demurrers to the third and fourth causes of action are sustained with 20 days’ leave to amend. 

The general demurrer to the fifth cause of action is sustained without leave to amend.  To the extent that Jason Goldberg wishes to make a claim for punitive damages, it must be brought as part of a cause of action rather than in a stand-alone cause of action.

Motion #2: Strike Portions of Fourth Amended Complaint

The motion of defendant Jeffrey Goldberg to strike paragraphs 86, 87, 88, 89, 90, and 91 of the fourth amended complaint in their entirety as well as the request for an award of punitive damages in ¶ 6 of the prayer for relief is MOOT.

Motion #3: Demurrer to Fourth Amended Complaint

The special demurrer of defendant Jill Goldberg Nadley to the first, second, and fifth causes of action in the fourth amended complaint of plaintiff Jason Goldberg is overruled.

The general demurrer to the first cause of action is overruled.

The general demurrer to the second cause of action for fraud/misrepresentation is sustained with 20 days’ leave to amend.

The general demurrer to the fifth cause of action is sustained without leave to amend.  To the extent that Jason Goldberg wishes to make a claim for punitive damages, it must be brought as part of a cause of action rather than in a stand-alone cause of action.

Motion #4: Strike Portions of Fourth Amended Complaint

The motion of defendant Jill Goldberg Nadley to strike portions of the fourth amended complaint is granted in part with 20 days’ leave to amend and moot in part.

The motion is MOOT to the extent that it seeks to strike the entirety of paragraphs 55, 86, 87, 88, 89, 90, and 91, the fifth cause of action for punitive damages, and ¶ 2 to the prayer to the second cause of action (items 6 though 14 in the notice of motion).   

The motion is granted with 20 days’ leave to amend as to the entirety of paragraphs 15, 17, 23, and 34 and the words “as secretly amended by the First and Second Amendments” in paragraph 24 (items 1 through 5 in the notice of motion).

Motion #5: Demurrer to Cross-Complaint

The general demurrer of cross-defendant Jason Goldberg to the first four causes of action in the cross-complaint of cross-complainant Jeffrey Goldberg is sustained with 20 days’ leave to amend.