Carreno

Carreno v. 360 Painting, LLC.

Good Law
United States District Court, Southern District of CaliforniaJuly 21, 20203:19-cv-02239California1,004 words

Opinion

Trial Court Opinion

UNITIED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

9 DEBORAH CARRENO, an individual, Case No.: 19CV2239-LAB (BGS) 10 Plaintiff, 11 vs. ORDER DENYING MOTION TO STRIKE 12 360 PAINTING, LLC, a Delaware Limited [Dkt No. 20] Liability Company; and DOES 1 to 100, inclusive, 14 Defendant 15 16 And Related Counter Claim 18 Plaintiff and Counter-Defendant Deborah Carreno (“Carreno”) filed a Motion to Strike six portions of 360 Painting, LLC’s counterclaim for breach of contract. The motion is DENIED. The Court can strike from a pleading any "redundant, immaterial, impertinent, or scandalous matter." Fed R. Civ. P. 12(f). Motions to strike are generally disfavored. RDF Media Ltd. v. Fox Broadcasting Co., 372 F.Supp.2d 556, 561 (C.D.Cal.2005). When ruling on a motion to strike, the court must accept all of the non-moving party's allegations as true and construe the pleading in the light most favorable to the non- movant. Stearns v. Select Comfort Retail Corp., 763 F.Supp.2d 1128, 1140 (N.D. Cal. 28 relationship to the controversy, may confuse the issues, or otherwise…

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