Re: Garcia v. India Oven, Inc., et al.
Superior Court Case No. 23CECG01606
Hearing Date: April 23, 2024 (Dept. 502)
Motions: Defendants Demurrer and Motion to Strike Portions of the
Second Amended Complaint
Tentative Ruling:
To sustain the demurrers to the sixth and seventh causes of action, with leave to
amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant the motion to strike the portions
of the complaint as it pertains to punitive damages, specifically page 17, lines 19-24;
page 19, lines 6-11; and page 19, line 27, with leave to amend. (Code Civ. Proc., § 436;
Civ. Code, § 3294.)
Plaintiff is granted 20 days’ leave to file the third amended complaint. The time to
file the third amended complaint will run from service by the clerk of the minute order. All
new allegations in the third amended complaint are to be set in boldface type.
Explanation:
D