MOTION TO STRIKE Amended COMPLAINT
Set for Law and Motion/Discovery Calendar on Monday, July 27, 2026, Line 9.
2 - Defendant Warwick Amusements Corporation's motion to strike the alter ego allegations in the first amended complaint filed by plaintiff Jane Doe is denied. Where, as here, a party such as Warwick Amusements is sought to be held liable on both a direct liability theory and an alter ego theory, a motion to strike is the proper procedural vehicle for determining the sufficiency of allegations seeking to impose liability based on the alter ego doctrine.
Plaintiff has adequately alleged sufficient ultimate facts on the two required elements of the alter ego doctrine, commonly referred to as the unity of interest and inequitable result elements. Paragraph 26 of the first amended complaint alleges sufficient relevant factors of unity of interest between the two Warwick entities to support a determination that the two companies have the requisite unity of interest for alter ego liability. (Sonora Diamond Corp. Superior Court (2000) 83 Cal. SApp. 4th 523, 538-539; Associated Vendors, Inc. vl Oakland Meat Co. (1962) 210 Cal. App. 2d 825, 838-840). Paragraph 27 of the first amended complaint alleges sufficient facts to show "conduct amounting to bad faith [which] makes it inequitable to hide behind the corporate form." (Sonora, 83 Cal. App. 4th at 539).
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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