Newport Jewish Center vs. Auschwitz Study Foundation

“The above conduct was the result of malice, fraud, and oppression, justifying punitive damages.”

Because the allegations are conclusory, they are defective to the extent they are not mooted by the ruling on the demurrer.

Defendants shall give notice.

209 Newport Jewish Center vs. Defendant Auschwitz Study Foundation’s Auschwitz application to admit counsel Michael O. Crain to Study appear pro hac vice is GRANTED and Defendant’s Foundation motion to strike portions of the complaint is GRANTED, in part.

Pro Hac Vice Application:

Counsel has submitted a verified application that complies with the requirements of California Rules of Court, rule 9.40.

Motion to Strike:

Item nos. 1-8 listed on Defendant’s notice of motion is GRANTED in full; Item no. 9 is GRANTED as to the prayer for attorney fees only. (See Code of Civ. Proc. § 436, subd. (a), § 431.10, subd. (b)(1-(3), (c); PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682-1683 [standard].) Attorney fees are recoverable when authorized by contract, statute or law. (Code of Civ. Proc. § 1033.5, subd. (a)(10).) Plaintiff concedes there is no contractual or statutory or other legal basis for the recovery of attorney fees.

Defendant shall give notice.