Morehead vs. Strawn
Demurrer to First Amended Complaint; Motion to Strike Portions of First Amended Complaint
Motion type
Parties
Ruling
Defendant moves to strike “and reasonable attorneys fees” from page 8, line 21, prayer item no. 5 of the First Amended Complaint.
The court disregards Su’s argument concerning the claim for restitution at prayer item no. 3, which is raised for the first time in its reply. A moving party is required to state the grounds upon which a motion is made in its notice of motion. (Code Civ. Proc., § 1010.)
Plaintiffs did not file an opposition to this motion. Instead, Plaintiffs filed an opposition to defendant Providence St. Jude Medical Center’s motion to strike, which is not scheduled for hearing until 9/18/2026. (See ROA 44.)
Each party to a lawsuit must pay his or her own attorneys fees, unless a statute or contract provides otherwise. (Code Civ. Proc., § 1021; Samantha C. v. State Dept. of Developmental Services (2012) 207 Cal.App.4th 71, 78.)
Su to give notice.
11 Morehead vs. Demurrer to First Amended Complaint Strawn Defendants Jon Bradley Strawn, MD and Scultura Plastic 30-2025- 01478447-CU- Surgery’s unopposed demurrer to the First Amended MM-CJC Complaint (FAC) is SUSTAINED with 10 days leave to amend for all the reasons argued in the demurrer.
Motion to Strike Portions of First Amended Complaint
Defendants John Bradley Strawn, MD and Scultura Plastic Surgery’s unopposed motion to strike is GRANTED with 10 days leave to amend for all the reasons argued in the motion.
Clerk to give notice.
12 Bodde vs. Pineda Motion for Summary Adjudication 30-2025- Plaintiff Edward H. Bodde’s motion for summary 01459968-CU- adjudication against defendant Alba Luz Pineda for an OR-CJC interlocutory judgment for partition is DENIED.
Plaintiff’s Evidentiary Objections to Defendant’s Evidence are OVERRULED.
Plaintiff’s Request for Judicial Notice is GRANTED.
The grant deeds are sufficient to make a prima facie showing of the passage of title. Plaintiff has met his initial burden.
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