Elite Healthcare Resources LLC vs. Star Nursing Services, Inc.

34-2022-00314757-CU-DF-GDS: Elite Healthcare Resources LLC vs. Star Nursing Services, Inc. 06/22/2023 Motion to Strike - Civil Law and Motion in Department 53

Tentative Ruling

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34-2022-00314757-CU-DF-GDS: Elite Healthcare Resources LLC vs. Star Nursing Services, Inc. 06/22/2023 Motion to Strike - Civil Law and Motion in Department 53

TENTATIVE RULING: Defendants Star Nursing Services, Inc., Nancy Frost, Kimberly Joens, and Star Nursing, Inc.’s motion to strike portions of Elite Healthcare Resources, LLC’s first amended complaint (“FAC”) is granted with leave to amend.

Defendants move to strike allegations in the FAC referring to Star Nursing Services, Inc., punitive damages, and attorneys’ fees and costs. Apparently, Plaintiff’s counsel confirmed in meet and confer correspondence that Plaintiff would not opposed the motion, and Plaintiff did not do so.

The motion to strike is granted for the reasons stated in Defendant’ memorandum of points and authorities. The Court construes Plaintiff’s failure to oppose the motion as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].)

However, given that the Court granted leave to amend in connection with Defendants’ demurrer to the FAC, Plaintiff is also given leave to amend the allegations which have been stricken.

Plaintiff may file and serve an amended complaint no later than July 3, 2023. Defendants shall file and serve their response within 30 days thereafter, 35 days if the amended complaint is served by mail as modified by the CCP 430.41 extension if necessary.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.