Judge Theresa M. Traber, Case Number: 24STCV17700, Date: 2025-02-03 Tentative Ruling

Judge: Theresa M. Traber, Case: 24STCV17700, Date: 2025-02-03 Tentative Ruling

Case Number: 24STCV17700 Hearing Date: February 3, 2025 Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE: February 3, 2025 TRIAL DATE: NOT SET

CASE: John Mann v. The Liberty Company Insurance Brokers, LLC

CASE NO.: 24STCV17700

MOTION TO STRIKE PORTIONS OF CROSS-COMPLAINT

MOVING PARTY: Cross-Complainant John Mann

RESPONDING PARTY(S): No response on eCourt as of 01/29/25

CASE HISTORY:

· 07/16/24: Complaint filed.

· 08/21/24: Cross-Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an action for breach of contract and whistleblower retaliation. Plaintiff alleges that Defendant terminated him for reporting his employer’s fraudulent insurance practices.

Plaintiff, as Cross-Defendant, moves to strike a portion of the Cross-Complaint praying for attorney’s fees.

TENTATIVE RULING:

Plaintiff/Cross-Defendant’s Motion to Strike is GRANTED.

DISCUSSION:

Plaintiff, as Cross-Defendant, moves to strike a portion of the Cross-Complaint praying for attorney’s fees.

Legal Standard

The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. Code Civ. Proc., § 436(a). The court may also strike 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. Id., § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. Id.§ 436. The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. Id.§ 437. “When the defect which justifies striking a complaint is capable of cure, the court should allow leave to amend.” Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768. A motion to strike can be used where the complaint or other pleading has not been drawn or filed in conformity with applicable rules or court orders. Code Civ. Proc., § 436(b). This provision is for "the striking of a pleading due to improprieties in its form or in the procedures pursuant to which it was filed." Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 528 (emphasis in original).

Meet and Confer

Before filing a motion to strike, the moving party shall meet and confer in person or by telephone with the party who has filed the pleading subject to the motion to strike and file a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 435.5(a).) However, an insufficient meet and confer process is not grounds to grant or deny a motion to strike. (Code Civ. Proc., § 435.5(a)(4).)

The Declaration of Michael J. Berry in support of the motion states that Cross-Defendant’s counsel repeatedly attempted to contact Cross-Complainant’s counsel via email between September 12 and October 15, 2024, but never received any response. (Declaration of Michael J. Berry ISO Mot. ¶¶ 4-6.) Cross-Defendant has satisfied his statutory meet-and-confer obligations.

Analysis

Cross-Defendant moves to strike Prayer for Relief No. 5 of the Cross-Complaint, demanding attorney’s fees and expenses incurred in bringing the Cross-Complaint. As Cross-Defendant persuasively argues, nothing on the face of the Cross-Complaint demonstrates Cross-Complainant’s entitlement to demand fees and costs on this action. As Cross-Complainant has failed to respond to this motion, the Court concurs with Cross-Defendant’s analysis.

CONCLUSION:

Accordingly, Plaintiff/Cross-Defendant’s Motion to Strike is GRANTED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated: February 3, 2025 ___________________________________

Theresa M. Traber

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.