Judge: Shirley K. Watkins, Case: 22VECV00477, Date: 2022-10-05 Tentative Ruling

Case Number: 22VECV00477    Hearing Date: October 5, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendants Lilach Basson and Compass California, Inc.’s Motion to Strike is GRANTED. 

Introduction

Defendants Lilach Basson and Compass California Inc (collectively Defendants) moved to strike a reference to a “Sunil” and the request for attorneys’ fees from Plaintiffs Andrew and Lillian McGinnis’ (collectively Plaintiffs) First Amended Complaint (FAC.)  The Opposition was due September 21, 2022.  Plaintiffs have not filed an Opposition.

            Discussion 

            Defendants assert that “Sunil Wagle,” Plaintiffs’ son-in-law, is not a party to this action and thus the reference to such person is irrelevant.  Defendants further assert that Plaintiffs’ request for attorneys’ fees is inappropriate because Plaintiffs’ claims doe not seek to enforce a public interest and will not confer a benefit to the general public or large class of persons.  (Code Civ. Proc. sec. 1021.5.)  Defendants argue that Plaintiffs’ claims are to recover damages to their own pecuniary interests. Because Plaintiffs did not oppose the motion, Plaintiffs are seen to have submitted to the merits of the motion.

            The motion to strike is GRANTED.