Judge: William A. Crowfoot, Case: 22STCV08968, Date: 2022-08-09 Tentative Ruling

Case Number: 22STCV08968    Hearing Date: August 9, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 11, 2022, plaintiff Ronald Worden (“Plaintiff”) filed this action against defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (“Defendant”) (erroneously sued as “Enterprise Rent-A-Car") asserting causes of action for negligence and premises liability.  On June 7, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging that on September 21, 2020, he tripped on a wheel-stop on Defendant’s property and fell down.  On July 8, 2022, Defendant filed this motion to strike Plaintiff’s prayer for attorney’s fees. 

Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof.  (Code Civ. Proc., § 435, subd. (b)(1).)  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, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].)  An immaterial or irrelevant allegation is one that is not essential to the statement of a claim or defense; is neither pertinent to nor supported by an otherwise sufficient claim or defense; or a demand for judgment requesting relief not supported by the allegations of the complaint.  (Code Civ. Proc., § 431.10, subd. (b).)

“Before 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.”  (Code Civ. Proc., § 435.5, subd. (a).)  If no agreement is reached, the moving party shall file and serve with the motion to strike a declaration stating either: (1) the means by which the parties met and conferred and that the parties did not reach an agreement, or (2) that the party who filed the pleading failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith.  (Code Civ. Proc., § 435.5, subd. (a)(3).)

Defense counsel declares that he sent a letter to Plaintiff’s counsel requesting to meet and confer on June 1, 2022, and on June 28, 2022, but received no response to his correspondence.  The meet and confer requirement is satisfied.

Defendant moves to strike Plaintiff’s prayer for attorney’s fees on the grounds that Plaintiff has failed to allege any contractual language or statute giving rise to a right to recover them.  Defendant is correct.  The unopposed motion to strike is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.