MOTION TO STRIKE PORTIONS OF PLAINTIFF’S FOURTH AMENDED COMPLAINT
24CV066873: LOCHRIDGE vs RUSHMORE SERVICING, LLC, A LIMITED LIABILITY COMPANY 07/16/2026 Hearing on Motion to Strike MOTION TO STRIKE PORTIONS OF PLAINTIFF’S FOURTH AMENDED COMPLAINT; filed by RUSHMORE SERVICING, LLC, a Limited Liability Company (Defendant) + CRS# 365440554766 in Department 24
Tentative Ruling - 07/15/2026 Rebekah Evenson
The Motion to Strike (not initial pleading) MOTION TO STRIKE PORTIONS OF PLAINTIFFS FOURTH AMENDED COMPLAINT filed by U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust, RUSHMORE SERVICING, LLC, a Limited Liability Company on 03/09/2026 is Granted in Part.
The Court rules as follows on the Motion to Strike Portions of Plaintiffs Fourth Amended Complaint by Defendants Rushmore Servicing (Rushmore, erroneously sued as Rushmore Servicing LLC) and US Bank:
The motion is GRANTED as to Fourth Amended Complaint paragraph 106 and Prayer for Relief paragraph 7 (as to Rushmore and US Bank only.) Following the Courts ruling on Defendants demurrer, also heard this date, none of the remaining causes of action against Rushmore and US Bank (for Violations of Civil Code § 2923.6 and § 2923.7, Unfair Business Practices, and Violation of the Rosenthal Act) allow for the recovery of punitive damages. (See, e.g., Komarova v. National Credit Acceptance Inc. (2009) 175 Cal.App.4th 324, 341 n. 3 (punitive damages not available for violation of the Rosenthal Act) and Cel-Tech Communications Inc. v. Los Angeles Cellular Telephone Inc. (1999) 20 Cal.4th 163, 179 (damages not available for violation of the Unfair Practices Act).)
The motion is DENIED as to Plaintiffs Prayer for Relief, paragraph 6. Damages for emotional distress are available under the Rosenthal Act. (See Kumarova, supra, 175 Cal.App.4th at 341 n. 3.) Defense counsel is admonished for citing Kumarova for the proposition that emotional distress damages are not recoverable for violation of the Rosenthal Act, when in fact Kumarova states precisely the opposite.
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Meeting ID: 160 6661 8377 24CV066873: LOCHRIDGE vs RUSHMORE SERVICING, LLC, A LIMITED LIABILITY COMPANY 07/16/2026 Hearing on Motion to Strike MOTION TO STRIKE PORTIONS OF PLAINTIFF’S FOURTH AMENDED COMPLAINT; filed by RUSHMORE SERVICING, LLC, a Limited Liability Company (Defendant) + CRS# 365440554766 in Department 24