2017-00220058-CU-NP

Gloria Single vs. Congregational Church Retirement Community

Nature of Proceeding: Motion to Strike Portions of Plaintiffs’ Complaint

Filed By: Westhoff, Michele

** If any party requests oral argument, then at the time the request is made, the requesting party shall inform the court and opposing counsel of the specific issue(s) on which oral argument is sought. **

Defendants’ motion to strike portions of the complaint is GRANTED in part and

DENIED in part as follows:

Preliminarily, the court notes that the version of Defendants’ reply filed with the court does not contain page 5. As a result, the court was unable to consider that page in making its ruling.

Plaintiffs’ request for judicial notice of court documents is DENIED as irrelevant.

Defendants’ request for an order striking the prayer for preliminary injunctive relief is DENIED. Parties routinely pray for such relief, and the court discerns no potential prejudice or other impropriety requiring this item to be stricken.

The separate request for an order striking the prayer for injunctive relief as applied to the subset of Defendants denominated the “facility defendants” is DENIED as moot in light of the concurrent ruling on demurrer. There are currently no causes of action pending against these defendants.

Defendants’ request for an order striking the prayer for statutory damages of $500 “for each violation of Ms. Single’s statutory rights, for each day that Defendants’ continuingly and wrongfully refuse Mr. Single’s readmission and for each of her rights that Defendants have violated” is GRANTED with leave to amend. It appears the intermediate appellate courts are split on the question whether H&S Code § 1430(b) authorizes statutory damages of $500 per lawsuit or $500 per cause of action. It also appears the issue is under review in the California Supreme Court. Regardless, no case authorizes the $500 per-day, per-violation sought in the complaint.

Finally, the facility defendants’ request for an order striking the prayer for declaratory relief against them is DENIED as moot. There are no causes of action pending against these defendants.

No later than 1/22/18, and only to the extent leave to amend is granted, Plaintiffs may file and serve a first amended complaint (FAC); response(s) due within 30 days thereafter, 35 days if the FAC is served by mail. (See CCP § 430.41.)

Although not required by any statute or rule of court, Plaintiffs are requested to attach a copy of the instant minute order to the FAC to facilitate the filing of the pleading.

If any defendant intends to demur to the FAC or move to strike, it shall determine if any other defendant who has appeared in this action also intends to demur or move to strike. If so, all such defendants shall coordinate a single hearing date for the demurrers and motions to strike. Additionally, a copy of the FAC shall be included with the moving papers.