Gutierrez vs. 400 Baker, LLC

relief already claimed in a companion contract cause of action, they may be disregarded as superfluous as no additional claim is actually stated.” (Ibid.) Here, the facts alleged in the complaint amount to nothing more than a dispute over coverage, not unreasonable conduct.

Defendant seeks to strike punitive damages allegations and prayer for relief from the complaint. Plaintiffs requested punitive damages in connection with the second cause of action for money damages for tortious bad faith. Because the demurrer to the second cause of action is sustained, the motion to strike is moot.

If Plaintiffs choose to amend, Plaintiffs are ORDERED to file a red-line and clean copy of the amended complaint.

Clerk to give notice.

11 Sadeghi vs. Special Motion to Strike the Second, Third, and Quality Auto Fourth Causes of Action Specialists, Inc. Cross-Defendant Mohammed Sadeghi’s unopposed special 30-2025- 01527489-CU- motion to strike (Anti-SLAPP) Motion is GRANTED. PO-CJC The second, third, and fourth causes of action in QAS Inc.’s Cross-Complaint are stricken.

Clerk to give notice.

12 Gutierrez vs. 400 Motion for Summary Judgment and/or Summary Baker, LLC Adjudication 30-2024- Defendants 400 Baker, LLC and Guichet Properties, LLC’s 01437683-CU- Motion for Summary Judgment or, in the alternative PO-CJC Summary Adjudication as to plaintiff Francisco Lara Gutierrez’s First Amended Complaint is DENIED.

Plaintiff’s Evidentiary Objections to Declaration of Michael Vredenburgh are OVERRULED as to Objection Nos. 1-6, 8 and SUSTAINED as to No.

7.

The First Amended Complaint (“FAC”) alleges causes of action for Negligence and Premises Liability against Defendants.

A triable issue of material fact exists as to whether Defendants had constructive knowledge of a dangerous condition of the stairs based on Plaintiff and his wife’s complaints of “unstable,” “cracking,” and “squeaking” stairs. (UMF Nos. 10, 11, 15, 16.)

Moving Defendants to give notice.