Motion To Strike Portions Of Complaint

Cal. Super. - 2nd Dist.August 7, 2014

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: VENTURA DIVISION December 10, 2014 12/11/2014 08:20:00 AM DEPT.: 20 COUNTY OF VENTURA JUDICIAL OFFICER: Tari Cody CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited Breach of Contract/Warranty 56-2014-00456472-CU-BC-VTA CIULAN VS. WELLS FARGO BANK Motion To Strike Portions Of Complaint CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 09/11/2014 stolo No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Cody's secretary at 805-662-6712, stating that you submit on the tentative. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, you run the inherent risk of the hearing being conducted in your absence. The court's tentative ruling is as follows: Grant, without leave to amend, Defendants' request for an order striking Plaintiff's allegations supporting and prayer for punitive damages based on the second cause of action for breach of the implied covenant, on the grounds that (a) this cause of action sounds in contract; and (b) punitive damages cannot be recovered for a breach of contract. (See Civil Code §3294(a).) Grant, with leave to amend, Defendants' request for an order striking Plaintiff's prayer for attorney's fees, on the ground that Plaintiff fails to allege any contractual or statutory basis for the recovery of attorney's fees. Plaintiff is given leave to file a first amended complaint by January 12, 2014. ______________________________________________________________________________ Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. TENTATIVE RULINGS Page: 1