CITIBANK N.A. VS ESTRADA

the damages he allegedly incurred on top of those that were charged back to his credit card. That the FACC includes additional facts that may not form the basis for a fraud claim is not relevant at this stage of the proceedings.

Finally, as to cause of action no. 9 of the FACC, cross-defendant’s demurrer is OVERRULED. Cause of action no. 9 alleges a cause of action for recission/restitution. As set forth above, Exhibit D attached to the FACC does not show all moneys cross-complainant paid to cross-defendant have been charged back to his credit card.

2. CASE # CASE NAME HEARING NAME PLAINTIFF/CROSS-DEFENDANT STRAY DOG FURNITURE & DESIGN, STRAY DOG FURNITURE & INC.’S MOTION TO STRIKE PUNITIVE CVPS2505727 DESIGN, INC. VS SCOTT DAMAGES FROM DEFENDANT/CROSS- COMPLAINANT JEFFREY SCOTT’S FIRST AMENDED CROSS COMPLAINT Tentative Ruling: Plaintiff/cross-defendant Stray Dog Furniture & Design, Inc’s motion to strike the punitive damages requests from defendant/cross-complainant Jeffrey Scott’s first amended cross-complaint (FACC) is GRANTED. Nothing in the FACC alleges that one of cross-defendant’s officers, directors, or managing agents “had advance knowledge of the unfitness of the employee and employed [them] with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are [requested] or was personally guilty of oppression, fraud, or malice.” (CC 3294(b).)

The punitive damages requests (p. 26, lines 4-6, and page 31, lines 24-26) are accordingly STRICKEN.

Cross-complainant’s request for leave to amend is GRANTED. (Atwell Island Water Dist. v. Atwell Island Water Dist. (2020) 45 CA5 624, 635 [whether to grant leave to amend depends on whether there is a “ ‘ “reasonable possibility that the defect can be cured by amendment” ’ ”]; Courtesy Ambulance Service v. Superior Court (1992) 8 CA4 1504, 1519, fn. 12 [abuse of discretion not to grant leave to amend where defect is curable].) Cross-complainant has 30 days to amend the FACC. (CCP 472a(d).) The amended cross-complaint shall include all amendments required by the court’s 8/14/2026 orders on cross-defendant’s demurrer and motion to strike. It shall also include the amended cover page that is the subject of cross-complainant’s 7/31/2026 motion for leave to file a second amended cross-complaint.

3. CASE # CASE NAME HEARING NAME MOTION TO VACATE DISMISSAL 664.6 CITIBANK N.A. VS AND ENTRY OF JUDGMENT UNDER

ESTRADA TERMS OF STIPULATION SETTLEMENT BY CITIBANK N.A. Tentative Ruling: No tentative ruling. The motion does not comply with Local Rule 3316C. Parties wishing to argue the motion are ordered to appear. Appearance may be telephonic.