Case Number: BC690578 Hearing Date: November 27, 2018 Dept: 3

ISMAEL ORTEGA DELGADO, ET AL.,

Plaintiff(s),

vs.

NANCY ELVIRA VEJARESPARZA, ET AL.,

Defendant(s).

Case No.: BC690578

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO STRIKE

WITHOUT LEAVE TO AMEND

Dept. 3

1:30 p.m.

November 27, 2018

On 1/16/18, Plaintiffs, Ismael and Maricela Delgado filed a complaint against Defendant, Nancy Elvira Vejaresparza for damages arising out of an automobile accident.

On 5/07/18, Defendant filed a motion to strike portions of Plaintiffs’ complaint. Plaintiffs failed to oppose the motion, but the Court issued a tentative ruling continuing the hearing on the motion due to Defendant’s failure to file the required meet and confer declaration with the moving papers. No party appeared at the hearing, and the Court took the motion off calendar.

On 9/18/18, Defendant filed an amended notice of motion and motion to strike portions of the complaint. The amended moving papers include an attorney declaration establishing adequate attempts to meet and confer prior to filing the motion. There is no opposition to the motion on file.

Defendant’s moving papers correctly note that this is a run of the mill automobile accident case. There are no facts alleged in the complaint that would support imposition of punitive damages. The complaint contains a prayer, however, for punitive damages. The motion to strike the prayer for punitive damages is granted. Because there is no opposition to the motion, the motion is granted without leave to amend.

Defendant is ordered to file an answer to the complaint, with the prayer for punitive damages deemed stricken, within ten days. Defendant is ordered to give notice.