Judge: Serena R. Murillo, Case: 22STCV21884, Date: 2022-12-08 Tentative Ruling

Case Number: 22STCV21884    Hearing Date: December 8, 2022    Dept: 29

TENTATLVE

Defendant's unopposed motion to strike prayer for attorney’s fees is GRANTED without leave to amend.

egal Standard

Pursuant to Code of Civil Procedure section 436, the court has authority to strike portions of a plaintiff’s complaint.  That section provides that “[t]he court may, upon a motion . . . or at any time in its own discretion, and upon terms it deems proper . . . [s]trike out any irrelevant, false, or improper matter inserted in any pleading . . . [or] [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.”

Discussion

Movant seek an order striking the sixth prayer for relief from Plaintiff's complaint, which is “[f]or reasonable attorney’s fees according to proof.”  (Motion p. 4; Complaint p. 4.)

Plaintiff’s complaint contains a single cause of action for negligence and does not include any facts or law that would support an applicable law or cause of action allowing for the recovery of attorney’s fees, nor are there any statutory claims asserted supporting the request or recovery of said fees.  (Motion p. 5; Complaint p. 3.)  Additionally, there is no allegation or claim that the parties entered into a contract that had a prevailing party attorney’s fees provision.  Plaintiff’s prayer for attorney fees is not drawn or filed in conformity with the laws of this state.

Conclusion

Accordingly, Movant’s motion to strike prayer for attorney’s fees is GRANTED without leave to amend.

Moving party is ordered to give notice.