SALTON SEA ESTATES III MOTION TO STRIKE PORTIONS OF
CVSW2206896 LLC VS CLEAN ENERGY COMPLAINT BY CLEAN ENERGY
STORAGE INC. STORAGE INC., TED THOMAS
Tentative Ruling: Granted with 20 days leave to amend as to punitive damages and granted as
to attorney fees claims without leave to amend.
Factual and procedural background: See Tentative Ruling No. 1 above.
Legal authorities and analysis: “Any party, within the time allowed to respond to a pleading
may serve and file a notice of motion to strike [a pleading] or any part thereof[.]” (CCP § 435(b)(1).)
The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper,
“[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” (CCP § 436(a).) An
immaterial or irrelevant allegation is one that “is not essential to the statement of a claim or
defense”; “is neither pertinent to nor supported by an otherwise sufficient claim or defen
Hearing Date
April 01, 2023
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SALTON SEA ESTATES III MOTION TO STRIKE PORTIONS OF
CVSW2206896 LLC VS CLEAN ENERGY COMPLAINT BY CLEAN ENERGY
STORAGE INC. STORAGE INC., TED THOMAS
Tentative Ruling: Granted with 20 days leave to amend as to punitive damages and granted as
to attorney fees claims without leave to amend.
Factual and procedural background: See Tentative Ruling No. 1 above.
Legal authorities and analysis: “Any party, within the time allowed to respond to a pleading
may serve and file a notice of motion to strike [a pleading] or any part thereof[.]” (CCP § 435(b)(1).)
The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper,
“[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” (CCP § 436(a).) An
immaterial or irrelevant allegation is one that “is not essential to the statement of a claim or
defense”; “is neither pertinent to nor supported by an otherwise sufficient claim or defen