Case Number: KC066731 Hearing Date: June 16, 2014 Dept: J

Re: Antonio Sison Geluz, et al. v. Best Dance Studio, et al. (KC066731)

MOTION TO STRIKE ENTIRE SECOND AMENDED COMPLAINT

Moving Parties: Defendants Nixon Sy and Raymund Mayuga

Respondents: No timely opposition filed

POS: Moving OK

Plaintiffs’ Verified Complaint, filed 3/14/14, asserted causes of action for:

1. Violation of Civil Rights (42 USC 1983)
2. Assault on Process Server
3. Accomplice Liability
4. False Reporting to Sheriff
5. Fraud
6. Negligence
7. Violation of ADA
8. Misrepresentation of Licensing and Permits
9. Operating Dance Studio without License as Banquet Facility
10. Injunctive relief
11. Declaratory relief

Plaintiff amended once as of right, filing a Verified First Amended Complaint on 4/02/14, and added a new Plaintiff and five new causes of action as follows:

1. Violation of Civil Rights (42 USC 1983)
2. Violation of the Unruh Civil Rights Act
3. Assault on Process Server
4. Accomplice Liability
5. False Reporting to Sheriff
6. Fraud
7. IIED
8. Defamation
9. Negligence
10. Deceptive and Misleading Advertising Cal. Bus. & Prof. Code §17529.5
11. Violation of ADA Regulations
12. Civil RICO
13. Misrepresentation of Licensing and Permits
14. Operating Dance Studio without License as Banquet Facility
15. Injunctive Relief
16. Declaratory Relief

Plaintiffs filed a Verified Second Amended Complaint on 4/11/14, adding two additional causes of action as follows:

1. Violation of Civil Rights (42 USC 1983)
2. Violation of the Unruh Civil Rights Act
3. Assault on Process Server
4. Accomplice Liability
5. False Reporting to Sheriff
6. Fraud
7. IIED
8. Defamation
9. Negligence
10. Deceptive and Misleading Advertising Cal. Bus. & Prof. Code §17529.5
11. Violation of ADA Regulations
12. Civil RICO
13. Misrepresentation of Licensing and Permits
14. Operating Dance Studio without License as Banquet Facility
15. Money Had and Received, Equitable Lien
16. Breach of Contract
17. Injunctive Relief
18. Declaratory Relief

The Case Management Conference is scheduled for 7/09/14.

Defendants Nixon Sy and Raymund Mayuga move to strike the entire Second Amended Complaint of Plaintiffs Antonio Sison Geluz and Erlinda Aquino, allegedly brought on behalf of themselves and a class of victims allegedly harmed by Defendants, pursuant to CCP § 436(b) on grounds the pleading is not drawn or filed in conformity with the laws of this state.

Plaintiff Antonio Sison Geluz filed his original Verified Complaint on 3/14/14, and amended once as of right on 4/02/14 pursuant to CCP § 472 to file a Verified First Amended Complaint adding Plaintiff Erlinda Aquino, and five new causes of action. On 4/11/14, Plaintiff filed a Verified Second Amended Complaint without leave of Court.

CCP § 472 states in relevant part, “[a]ny pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed…” Here, Plaintiff amended his pleading once, on 4/02/14, before an answer or demurrer was filed. Plaintiff may not amend twice as of right under § 472. Yet, on 4/11/14, Plaintiff amended his pleading a second time, in violation of § 472. The motion to strike the Second Amended Complaint in its entirety is granted.