Smith vs. Serna

alleged. It is “well-established [] that in the absence of a special statute or a contractual provision for attorney’s fees, the prevailing party is not entitled to recover attorney’s fees from his opponent.” (Olson v. Arnett (1980) 113 Cal.App.3d 59, 67.) Here, Defendant does not allege any statutory or contractual bases for its request for attorney’s fees. Thus, the Motion to Strike as to attorney’s fees is GRANTED with 20 days leave to amend. Moving party to give notice

105 Smith vs. Serna

25-01504168 Motion to Strike Attorneys’ Fees from Cross-Complaint Cross-Defendant, San Diego Gas & Electric Company moves for an order striking attorneys’ fees allegations in the Cross-Complaint of Samuel Joseph Serna and California Professional Engineering, Inc. at paragraphs 12, 16, 22, and 23, and the Prayer at page 6, paragraph 3. The Motion to Strike is GRANTED, with 10 days’ leave to amend. Cross-Complainants, Samuel Joseph Serna and California Professional Engineering, Inc., provide that they sought to file an Amended Cross-Complaint that withdrew the attorneys’ fees, but it was rejected, and seek leave to file an Amended Cross-Complaint withdrawing attorneys’ fees.

Thus, Cross-Complainants concede to Cross-Defendant San Diego Gas & Electric Company’s argument that the prayer for attorneys’ fees should be stricken as the prayer and allegations for attorneys’ fees are not supported by the allegations of the Cross-Complaint or operative complaint. (ROA 92, Declaration of Bahareh Habibi, ¶¶ 2-5.) Cross-Complainants to file and serve an amended cross-complaint within 10 days. The amended crosscomplaint must be serially numbered to differentiate it from previous pleadings. (See California Rules of Court, rule 3.1324(a)(1).)

Cross-Defendant to give notice

106 Hillsboro Brown Capital, LLC vs. Taft

19-01087702 Motion to Be Relieved as Counsel of Record Gina M. Austin and Tamara Rozmus of Austin Legal Group (“Moving Attorneys”) move to be relieved as counsel of record for CMX Distribution Inc. A motion to be relieved as counsel must be accompanied by a declaration on the mandatory Declaration in Support of Attorney’s Motion to Be Relieved as Counsel-Civil (form MC-052). Without that form, the Court cannot determine whether service on the client was properly done at the last known address and what steps were made to confirm that the client’s last known address is current.