“C.R.C.P. 12(f) provides that the court may order any redundant, immaterial, impertinent, or scandalous matter stricken from any pleading, motion, or other paper.” (See Rabin v. Freirich (In re Rabin) (2018) 475 P.3d 600, 606.)
However, “motions to strike alleged redundant, immaterial, impertinent or scandalous matter are not favored.” (See Koch v. Whitten (1959) 140 Colo. 109, 117.)
“If there is any doubt as to whether under any contingency the matter may raise an issue, the motion should be denied.” (See id.)
“Even if the allegations are redundant of immaterial, they need not be stricken if their presence in the pleading cannot prejudice the adverse party.” (See id.)
“Where an original complaint fails to even poorly state a cause of action and the amendments thereto are nothing but a restatement of the original, it is proper to follow the rule and strike such amendments, but the rule does not apply when the original as well as the amendments do state a cause of action.” (See Bearman v. Bronfin (1933) 94 Colo. 88, 91.)
“We review the trial court's denial of the motion to strike for an abuse of discretion.” (See Rabin v. Freirich (In re Rabin) (2018) 475 P.3d 600, 606.)
“A court's ruling is an abuse of discretion if it is manifestly arbitrary, unreasonable, or unfair.” (See Beauprez v. Avalos (2002) 42 P.3d 642, 652; Huffman v. Westmoreland Coal Co. (2009) 205 P.3d 501, 510.)
It is well settled that “an order denying the motion to strike portions of the pleading rests in the discretion of the trial court and ordinarily the trial court has a wide latitude in granting or denying such a motion.” (See Koch v. Whitten (1959) 140 Colo. 109, 117.)
It is also well settled that a “matter will not be stricken from a pleading unless it is clear that it can have no possible bearing upon the subject matter of the litigation.” (See id.)
Nov 21, 2023
Dismissal
Weld County
Weld County, CO
Mar 16, 2023
Hon. Crista L. Newmyer-Olsen
Conejos County
Conejos County, CO
Mar 08, 2023
Appealed
Adams County
Adams County, CO
Feb 21, 2023
Appealed
Hon. Stephen James Sletta
Pueblo County
Pueblo County, CO
Feb 02, 2023
Arapahoe County
Arapahoe County, CO
Jan 26, 2023
Dismissal
Kit Carson County
Kit Carson County, CO
Jan 10, 2023
Hon. Timothy M. O’Shea
Pueblo County
Pueblo County, CO
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