Free Motion to Strike - District Court of California - California

Case 3:08-cv-00634-W-AJB

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Filed 04/11/2008

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DALEY & HEFT, ATTORNEYS AT LAW ROBERT W. BROCKMAN, ESQ. (SBN 123546) GOLNAR J. FOZI, ESQ. (SBN 167674) 462 STEVENS AVENUE, SUITE 201 SOLANA BEACH, CA 92075 TELEPHONE: (858) 755-5666 FACSIMILE: (858) 755-7870 Attorneys for Defendants CARLSBAD COMMUNITY CHURCH, TOM WOOD, DICK LEE and FRANCISCO MESQUITA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

) ) Plaintiff, ) ) v. ) ) CARLSBAD COMMUNITY CHURCH, ) TOM WOOD, DICK LEE, FRANCISCO ) MESQUITA and DOES 1-20, ) ) Defendants. ) ) ) ) ) ) ) ) ___________________________________ )

SONDRA BOONE,

Case No. 08 CV 0634 W AJB DEFENDANTS CARLSBAD COMMUNITY CHURCH, TOM WOOD, DICK LEE, FRANCISCO MESQUITA'S NOTICE OF MOTION AND MOTION TO STRIKE CLAIMS AND ALLEGATIONS IN PLAINTIFF'S FIRST AMENDED COMPLAINT [FRCP 12(f)]; MEMORANDUM OF POINTS AND AUTHORITIES [No Oral Argument Per Local Rule] DATE: May 12, 2008 TIME: 10:30 a.m. DEPT.: 7 DIST. JUDGE: Thomas J. Whelan MAG. JUDGE: Anthony J. Battalia

TO: PLAINTIFF AND HER ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 12, 2008 at 10:30 a.m. or as soon thereafter as the matter may be heard in Department 7 of the above-entitled court, located at 880 Front Street, Room 4290, San Diego, California 92101, defendants CARLSBAD COMMUNITY CHURCH, TOM WOOD, DICK LEE, FRANCISCO MESQUITA will move the court pursuant to FRCP 12(f), for an order striking the following portions of plaintiff's First Amended Complaint: 1. First Cause of Action for Wrongful Termination: allegations relating to the

California Fair Employment and Housing Act;
1 DEFENDANTS CARLSBAD COM M UNITY CHURCH, TOM W OOD, DICK LEE, FRANCISCO M ESQUITA'S NOTICE OF MOTION AND M OTION TO STRIKE CLAIM S AND ALLEGATIONS

Case 3:08-cv-00634-W-AJB

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Filed 04/11/2008

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2.

Second Cause of Action for Wrongful Termination: allegations relating to the

California Fair Employment and Housing Act; 3. Seventh Cause of Action for Age Discrimination and Harassment: allegations

relating to the California Fair Employment and Housing Act; 4. Eighth Cause of Action for Gender Discrimination and Harassment: allegations

relating to the California Fair Employment and Housing Act; 5. misconduct. 6. Paragraphs 88 and 97 (prayer for attorneys fees pursuant to CCP Section 1021.5.) Paragraphs 25 through 32: irrelevant and improper allegations alleges financial

This motion will be based on this notice and motion, the memorandum of points and authorities filed herewith, matters subject to judicial notice, and the pleadings and papers filed herein.

Dated: April 11, 2008

DALEY & HEFT, LLP

By: /s/ Golnar J. Fozi ROBERT W. BROCKMAN GOLNAR J. FOZI Attorneys for Defendants CARLSBAD COMMUNITY CHURCH, TOM WOOD, DICK LEE and FRANCISCO MESQUITA

2 DEFENDANTS CARLSBAD COM M UNITY CHURCH, TOM W OOD, DICK LEE, FRANCISCO M ESQUITA'S NOTICE OF MOTION AND M OTION TO STRIKE CLAIM S AND ALLEGATIONS