MOTION TO STRIKE Amended COMPLAINT
Set for Law and Motion/Discovery Calendar on Friday, May 29, 2026, Line 9.
1 - Defendants Fillmore Merchants and Improvement Association, Inc., Timothy Omi and Patti Mangan's Motion to Strike is GRANTED.
A party may move to strike under Code of Civil Procedure section 436 "any irrelevant, false, or improper matter inserted in any pleading" or "all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." (Code of Civil Procedure section 452.)
Defendants' request that Plaintiff's prayer for attorney's fees be stricken is granted. Under the "American rule," a prevailing party is not entitled to recover its attorney's fees from the losing party. (See Traveler's Cas. & Sur. Co. of Am. v. PG&E Co. (2007) 549 US 443.) Attorney's fees, however, may be awarded if authorized by contract or statute. (Code Civ. Proc., 1033.5, subds. (a)(10)(A) & (a)(10)(B).) Plaintiff here has not identified a statute or contract that would allow their recovery. Thus, his request for a prevailing party attorney's fees award is improper and, for that reason, stricken.
Defendants' request that Plaintiff's prayer for punitive damages be stricken is granted, as well. Civil Code section 3294 permits punitive damages "[i]n an action for the breach of an obligation not arising from contract" where the defendant is shown by clear and convincing evidence to have acted with oppression, fraud, or malice. A corporation may be held liable for punitive damages only if an officer, director, or managing agent personally engaged in the alleged malicious conduct or authorized or ratified it. (Civil Code section 3294(b).) This case is largely a contract dispute. As to Plaintiff's common law tort claims, he has not pled facts sufficient to support punitive damages. Thus, his request for punitive damages is improper and, for that reason, stricken.
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