Notice of Motion

Motion

Cal. Super. - 4th Dist.August 31, 2016

o o 0 3 n h A W N N N N N O N N N e m e m e m e m e m me d e d p d p d p m B R E O R S I R E 8 3 = 3 a 2 0 = 3 2 AEGIS LAW FIRM, PC KASHIF HAQUE,State Bar No. 218672 ALIS. CARLSEN,State Bar No. 289964 9811 Irvine Center Dr., Ste 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 khaque@aegislawfirm.com acarlsen(@aegislawfirm.com Attorneys for Defendant, CAROL STEWARD SUPERIOR COURT OF THE STATE OF CALIFORNIA ORANGE COUNTY - CENTRAL JUSTICE CENTER LORI YARBOROUGH,an individual, Plaintiff, VS. CAROL STEWARD,an individual, and Does 1 through 50 inclusive, Defendants. CASE NO.: 30-2016-00872519 Assignedfor allpurposes to: Hon. Theodore Howard, Dept. C18 DEFENDANT’S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT [Filed concurrently with Memorandum ofPoints andAuthorities] Hearing Date: December 15, 2016 Hearing Time: 1:30 PM Department: C18 Reservation No.: 72474836 Action Filed: August 31, 2016 Trial Date: Not yet set -1- NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT ~ ~ w o n O o 0 ~ ~ A N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on December 15, 2016, at 1:30 PM or as soon thereafter as the matter may be heard in Department C18 of the above-entitled Court located at 700 Civic Center Drive West, Santa Ana, California 92618, Defendant CAROL STEWARD (“Defendant”) will and hereby does move for an order striking portions of Plaintiff LORI YARBOROUGH’s (“Plaintiff”) Complaint (“Complaint”). The specific portions of the Complaint to which this Motion to Strike is directed are as follows: 1. Paragraph 12 in its entirety (Page 3, lines 18-20) on the grounds that these allegations are immaterial, not relevant, and/or improper. 2. Paragraph 13 in its entirety (Page 3, lines 21-26) on the grounds that these allegations are immaterial, not relevant and/or improper. 3. Paragraph 48 in its entirety (Page 6, lines 4-6) on the grounds that the Complaint fails to allege sufficient facts to support the recovery of punitive damages pursuant to Cal. Civil Code § 3294. | 4. Paragraph 49 in its entirety (Page 6, lines 7-15) on the grounds that the amount of damages a plaintiff seeks in cases involving personal injury “shall not be stated”. Cal. Code Civ. Proc. § 425.10(b). 5. Paragraph 54 in its entirety (Page 7, lines 7-9) on the grounds that the Complaint fails to allege sufficient facts to support the recovery of punitive damages pursuant to Cal. Civil Code § 3294. 6. Paragraph 2 of the Prayer of the Complaint for the First and Second Causes of Action (Page 8, line 3) on the grounds that the Complaint fails to allege sufficient facts to support the recovery ofpunitive damages pursuant to Cal. Civil Code § 3294. This Motion is made pursuant to California Code of Civil Procedure §§ 425.10(b), 431.10, 435 and 436 on the grounds that (1) Plaintiff’s allegations are immaterial, not relevant and/or - improper; and (2) Plaintiff’s allegations for the entitlement to punitive damages are not supported by any allegations. 2- NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT O e N N n h B R A W N = N O N N N N N N N N m e e m e m e m p m e m e m e e 0 0 J O N W n p h W N = O D e N N R W N N = O This Motion to Strike is based upon this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, all other pleadings and records on file in this action, the concurrently filed Demurrer to Complaint, and upon such other oral and documentary argument and evidence as may be presented at or before the time of hearing. Dated: November 2, 2016 AEGIS LAWFIRM, PC = KashifHaque Ali S. Carlsen Attorneys for Defendant Carol Steward 3. NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT N O 0 1 O N W n B A W N ) N D N O R N N O N N N N N = m m e m e m e m e m e m e m e m co e 3 A N n n B A W O N = O V N N N R W N e e O O CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange,State of California. I am over the age of 18 and not a party to the within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On November 2, 2016,I served the foregoing document entitled: e DEFENDANT’S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT on all the appearing and/or interested parties in this action by placing ["] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: William M. Brockschmidt Jonathan N. Zweig Roseman & Associates 15250 Ventura Blvd., Suite 1102 Sherman Oaks, CA 91403 Attorneyfor Plaintiff: Lori Yarborough X (BY MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) [] (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(c).) [] (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served via electronic transmission to the addressee(s) listed above on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) [] (BY PERSONAL SERVICE) I delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed R. Civ. Proc. S(b)(2)(A).) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 2, 2016, at Irvine, Californja. ys Kathyan Alvarez CERTIFICATE OF SERVICE