Motion Amended

Cal. Super. - 6th Dist.March 25, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381 328 Santa Clara - Civil Y. Ch‘ John R. Brydon (Bar N0. 83365) EleCtron'cally F'led Dalen Saludes (Bar No. 251963) by SUperlor court Of CA’ Amber Lee Kelly (Bar No. 117006) COUntY 0f Santa C'araa DEMLER, ARMSTRONG & ROWLAND, LLP on 7/21/2021 12:42 PM 101 Montgomery Street, Suite 1800 Reviewed By: Y. Chavez San Francisco, CA 94104 Case #21 CV381 328 Telephone: (415) 949-1900 Envelope: 6894910 Facsimile: (4 1 5) 354-8380 Emails: brv@darlaw.com; alk@darlaw.com Attorneys for Defendant Syed Aon Mujtaba, Trustee of the Syed Aon Mujtaba Revocable Trust SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA DOES 1 - 10 , inclusive, Action Filed: March 25, 2021 Defendants. Trial Date: Not Set ROBERT C. SANNER and BARBARA ) CASE NO. 21CV381328 MOOR SANNER, Trustees of The Robert ) and Barbara Sanner Family Trust of 1983, ) DEFENDANT SYED AON MUJTABA'S dated December 28, 1983, ) AMENDED NOTICE OF MOTION TO ) STRIKE CLAIM FOR PUNITIVE Plaintiffs, ) DAMAGES FROM COMPLAINT FOR ) NUISANCE V. ) Date: September 28, 2021 SYED AON MUJTABA, Trustee ofthe ) Time: 9:00 Syed Aon Mujtaba Revocable Trust; and g Dept: 7 ) ) ) ) TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 28, 2021, at 9:00 a.m., or as soon thereafter as the matter may be heard, in Department 7 0f the above-entitled court located at 191 N. First Street, Santa Clara, CA 951 13, defendant Syed Aon Mujtaba, Trustee of the Syed Aon Mujtaba Revocable Trust ("Defendant") Will move the Court for an order t0 strike the following portions of Plaintiffs’ Complaint for Nuisance pursuant t0 Code 0f Civil Procedure sections 435(b)(1) and 436 and Civil Code section 3294: 1 iveZ DEFENDANT SYED AON MUJTABA'S AMENDED NOTICE OF MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES FROM COMPLAINT FOR NUISANCE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. At page 6 of the Complaint, paragraph 29 in its entirety (lines 7-10). 2. At page 6 of the Complaint, line 19, item 4 “for punitive and exemplary damages in an amount according to proof.” Good cause exists t0 grant this motion because the Complaint lacks the requisite specificity 0f facts for punitive damages to survive this challenge. This motion is based upon this notice and the previously-filed and served declaration 0f compliance with Code 0f Civil Procedure sections 435(a), memorandum of points and authorities in support thereof, all of the pleadings, documents and records on file herein, along with such other and further arguments and evidence as may be presented at the hearing. Dated: July 21, 2021 DEMLER, ARMSTRONG & ROWLAND, LLP By:W guilt ?zé/MQ JOHN R. BRYDON DALEN SALUDES AMBER LEE KELLY Attorneys for Defendant Syed Aon Mujtaba, Trustee 0f the Syed Aon Mujtaba Revocable Trust 2 DEFENDANT SYED AON MUJTABA'S AMENDED NOTICE OF MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES FROM COMPLAINT FOR NUISANCE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed in the County of Sacramento, State of California. I am over the age of 18 and not a party to the Within action; my business address is 11341 Gold Express Drive, Suite 110, Gold River, California 95670. On July 21, 2021, I served the foregoing document(s) described as DEFENDANT SYED AON MUJTABA'S AMENDED NOTICE OF MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES FROM COMPLAINT FOR NUISANCE 0n the interested parties in this action by placing the copies thereof enclosed in sealed envelopes addressed as follows: Ronald R. Rossi, Esq. Missy M. Cornejo, Esq. ROSSI, HAMERSLOUGH, REISCHL & CHUCK 1960 The Alameda, Suite 200 San Jose, CA 95 126 Phone: (408) 261-4207 Fax: (408) 261-4292 Emails: r0n@rhrc.net; missv@rhrc.net Attorneyfor Plaintiffs Robert C. Sanner and Barbara Moor Sanner, Trustees 0fThe Robert and Barbara Sanner Family Trust 0f1983, dated December 28, I983 D BY MAIL - I caused the document(s) listed above t0 be sealed in an envelope and placed for collection and mailing 0n the date below following the firm’s ordinary business practice. I am readily familiar with the firm’s practice 0f collection and processing for mailing. Under that practice it would be deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid in either Gold River or San Francisco, California, in the ordinary course 0f business. I am aware that 0n motion 0f the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date of deposit for mailing in affidavit. BY ELECTRONIC TRANSMISSION - I caused the document(s) listed above to be served electronically before 5:00 pm. 0n this date Via either File&ServeXpress as set forth 0n the electronic service list contained on its website or by directly emailing the party(ies) at the email address(es) set forth above. D BY FED EX - I placed the document(s) listed above in a sealed envelope designated for Fed EX overnight delivery and deposited the same With fees thereupon prepaid, in a facility regularly maintained by Federal Express, addressed as set forth above. I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed 0n July 21, 2021, at Gold River, California. wfio/Mz Mary A.(G111{s/ PROOF OF SERVICE