CRANSHAW vs RESTORATIVE JUSTICE FOR OAKLAND YOUTH, A CALIFORNIA NONPROFIT ORGANIZATION, et al.
Motion to Strike Portions of Plaintiff Cheryl Cranshaw’s Second Amended Complaint
Motion type
Parties
Ruling
24CV073506: CRANSHAW vs RESTORATIVE JUSTICE FOR OAKLAND YOUTH, A CALIFORNIA NONPROFIT ORGANIZATION, et al. 09/10/2026 Hearing on Motion to Strike DEFENDANT RESTORATIVE JUSTICE FOR OAKLAND YOUTHS MOTION TO STRIKE PORTIONS OF PLAINTIFF CHERYL CRANSHAWS SECOND AMENDED COMPLAINT; filed by RESTORATIVE JUSTICE FOR OAKLAND YOUTH, a California nonprofit organization (Defendant) + CRS# 115838962801 in Department 512
Tentative Ruling - 09/09/2026 Elizabeth Riles
The Motion to Strike (not initial pleading) Defendant Restorative Justice for Oakland Youth's Notice of Motion and Motion to Strike Portions of Plaintiff Cheryl Cranshaw's Second Amended Complaint filed by Community Initiatives, Inc., RESTORATIVE JUSTICE FOR OAKLAND YOUTH, a California nonprofit organization on 04/10/2026 is Denied.
Defendant Restorative Justice for Oakland Youths (RJOY or Defendant) Motion to Strike (MTS) portions of plaintiff Cheryl Cranshaws (Plaintiff) Second Amended Complaint (SAC) is DENIED.
The Courts 9/23/2025 Order on Defendants Demurrer and Motion to Strike Plaintiffs First Amended Complaint denied Defendants Motion to Strike without prejudice on the grounds that the Notice of Motion did not comply with the requirements of Rule 3.1322.
Defendants Notice of Motion for its Motion to Strike Portions of Plaintiffs Second Amended Complaint also does not comply with CRC Rule 3.1322(a).
Rule 3.1322(a) provides:
A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively.
In other words, Rule 3.1322(a) requires the Notice to identify each specific portion sought to be stricken by page and line number unless the Motion seeks to strike an entire paragraph or cause of action, in which case the paragraph or cause of action must be specifically identified in the Notice of Motion. The Notice of Motion on the present Motion fails to meet this basic requirement.
Further, the Motion to Strike seems to be focused mainly on the adequacy of Plaintiffs pleading, which should be raised as part of a Demurrer, rather than as a Motion to Strike. (See CCP § 430.10(e)-(g).)
Defendant has a second hearing on its pending demurrer set for 9/17/2026. The Court elects to DENY Defendants Motion to Strike and to consider Defendants argument that SAC is impermissibly uncertain on the Demurrer pursuant to CCP § 430.10(f.) 24CV073506: CRANSHAW vs RESTORATIVE JUSTICE FOR OAKLAND YOUTH, A CALIFORNIA NONPROFIT ORGANIZATION, et al. 09/10/2026 Hearing on Motion to Strike DEFENDANT RESTORATIVE JUSTICE FOR OAKLAND YOUTHS MOTION TO STRIKE PORTIONS OF PLAINTIFF CHERYL CRANSHAWS SECOND AMENDED COMPLAINT; filed by RESTORATIVE JUSTICE FOR OAKLAND YOUTH, a California nonprofit organization (Defendant) + CRS# 115838962801 in Department 512
CONTESTING TENTATIVE RULINGS
PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.
Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing date.
To contest a tentative ruling, a party should do the following:
First, the party must notify Department 512, by email at Dept512@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.
Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."
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