JENNIFER GILOMEN ET AL VS. BRIAN D. SEDAR ET AL
MOTION TO STRIKE COMPLAINT
Motion type
Parties
Ruling
Real Property/Housing Court Law and Motion Calendar for August 20, 2026. Line 4. DEFENDANT FRANK NOLAN, ANDREW WARREN, VANGUARD PROPERTIES, INC. MOTION TO STRIKE COMPLAINT is GRANTED.
Motion is granted with leave to amend to allege facts in support of request for punitive and treble damages with requisite particularity as to each moving defendant. Demurrer is sustained on uncertainty grounds re: references and quotes of PC 486(a) and (c), that do not appear to exist. Motion is granted as to prayer for emotional distress damages to allege facts giving rise to recovery. Erlich v. Menezes (1999) 21 Cal.4th 543. Motion is granted with leave to amend as to the prayer for attorney's fees in causes of action one and two to allege the basis for recovery of attorney's fees as to the moving defendants. Motion is granted without leave to amend as to the prayer for attorneys' fees in causes of action 6,7 and 8. Not addressed in opposition. Motion is moot as to the prayer re: UCL claim in light of the ruling on the demurrer.
Plaintiffs shall have 10 days from notice of entry of order to amend. All amendments shall be in bold font. =(501/SKF)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. | |
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