Motion Strike

Cal. Super. - 6th Dist.March 23, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381036 Santa Clara - Civil F. Miller Matthew D. Giampaoli, Esq. (SBN 138357) Robert L. Davis, Esq. (SBN 195363) Electronically Filed COLLINSWORTH, SPECHT, by Superlor Court of CA, CALKINS & GIAMPAOLI, LLP County of Santa Clara, 7041 K011 Center Parkway, Suite 120 on 2/9/2022 4:46 PM Pleasanton, California 94566 Reviewed By: F_ Miller Telephone: (925) 400-9575 Case #21 cv381 036 Facsimile: (925) 400-9576 Envelope_ 8257687 mgiampaoli@cslaw0ffices.com rdavis@cslaw0ffices.com Attorneys for Defendant, REEVE-KNIGHT CONSTRUCTION, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA VIETNAM TOWN CONDOMINUM Case No,: 21CV381036 OWNER'S ASSOCIATION, a California Assigned for all purposes t0: corporatlon’ Hon. Christopher G. Rudy, Dept. 7 Plamtlff’ NOTICE 0F MOTION T0 STRIKE VS PORTIONS OF PLAINTIFF VIETNAM TOWN ' CONDOMINUM OWNERS ASSOCIATION’S TWN INVESTMENT GROUP, LLC, a FIRST AMENDED COMPLAINT California limited liability company, REEVE- D .KNIGHT CONSTRUCTION, 1NC., a Tm", 9,00 California corporation, and DOES 1 through D2135: 7' a°m' 300’ Judge: Hon. Christopher G. Rudy Defendants. Complaint filed: March 23, 2021 TO PLAINTIFF VIETNAM TOWN CONDOMINIUM OWNERS’ ASSOCIATION (“Plaintiff ’): PLEASE TAKE NOTICE that 0n a date and time t0 be determined by the Court pursuant t0 Local Rules 0f Court, Rule 8A, defendant REEVE-KNIGHT CONSTRUCTION, INC. (“REEVE- KNIGHT”) Will and hereby does move t0 strike portions 0f Plaintiffs First Amended Complaint (“FAC”). REEVE-KNIGHT requests the court strike the following provisions from the prayer in the FAC: o “5. For attorney’s fees and costs 0f suit herein.” 1 NOTICE OF MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The grounds for the motion are the FAC does not allege any contractual 0r statutory bases under which Plaintiff can recover its attorney’s fees from REEVE-KNIGHT and therefore the prayer for attorney’s in the FAC is false or improper matter pursuant to Code 0f Civil Procedure §436, and subject t0 a motion t0 strike. This motion is based 0n this notice, the memorandum of points and authorities in support of the motion, the Declaration 0fRobert L. Davis in support of the motion, and any and all other evidence 0r argument the Court may consider in ruling on the motion. PLEASE TAKE FURTHER NOTICE the Court follows California Rules of Court, Rule 3.1308(a)(1), regarding tentative rulings in civil law and motion and discovery matters. The tentative ruling on this matter will be available at the following link by 3:00 pm. 0n the day before the hearing on this motion: http://WWW.scscourt.0rg/0nline_services/tentatives/tentative_rulings_Dept7.shtml If the Court has not directed oral argument, a party contesting a tentative ruling must give notice of its intention t0 appear to the other side and the Court no later than 4:00 P.M. on the court day preceding the scheduled hearing. Appearances may be by telephone (through CourtCall) 0r in person. The tentative ruling Will automatically become the order 0f the Court on the scheduled hearing date if the Court has not directed oral argument and if the contesting party fails t0 timely notice an objection to the other side and the Court. Tentative rulings Will be posted on the Court’s website at www.scscourt.org, where further information may be found. If a party does not have access to the internet, the tentative ruling may be accessed by calling C0111“: Services at (408) 882-2515. DATED: February 9, 2022 COLLINSWORTH, SPECHT, CALKINS & GIAMPAOLI, LLP Z Wiw-E MATTHEW D. GIAMPAOLI, ESQ. ROBERT L. DAVIS, ESQ. Attorneys for Defendant REEVE-KNIGHT CONSTRUCTION, INC. B 2 NOTICE OF MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT