Judge: William Y. Wood, Case: 37-2022-00019272-CU-OR-NC, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 16, 2024

05/17/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2022-00019272-CU-OR-NC FORD VS MORENO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 02/28/2024

Cross-Defendant Gabriel A. Spann's motion to strike (ROA # 91) is granted in part and denied in part.

Cross-complainants Rodrigo Rodriguez and Joel Moreno may file an amended cross-complaint by May 27, 2024.

Cross-Defendant moves to strike the prayers for relief relating to litigation costs (¶ 6) and attorney's fees (¶ 7).

The Court denies the motion to strike the prayer for litigation costs (¶ 6) on the basis that costs may be recoverable by a prevailing party pursuant to CCP § 1033.5.

The Court grants the motion to strike the prayer for attorneys' fees (¶ 7) on the basis that Cross-complainants have failed to allege the statutory or contractual authority giving rise to the attorney' fee prayer.

Cross-complainants may file an amended cross-complaint to assert the statutory or contractual basis for attorney's fees by May 27, 2024. If Cross-complainants elect not to file an amended cross-complaint by May 27, 2024, Cross-defendant shall file an answer to the cross-complaint (attorney's fees prayer is stricken) by June 7, 2024.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, May 17, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of May 17, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

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