Richard A. Tapp

Following a successful motion to strike claims against an individual defendant without leave to amend, the successful defendants sought costs.

The court awarded the individual defendant substantial indemnity costs for defending the action, as the plaintiff had made bare allegations of fraud based solely on his ownership of the corporate defendant.

The court awarded partial indemnity costs for the pleadings motion itself, finding no reason to apply a punitive scale to a normal interlocutory motion.

The plaintiff insurer brought an action against an auto body shop, its owner, its manager, and an appraiser for fraud, conspiracy, breach of contract, and trespass following an investigation into fraudulent repair invoices.

The defendant auto body shop and its owner brought a motion to strike various claims.

The court struck the personal claims against the owner without leave to amend, finding insufficient material facts to pierce the corporate veil or establish personal liability for the torts.

The court also struck the trespass claim against the auto body shop with leave to amend to plead vicarious liability, but declined to strike background paragraphs explaining the insurer's investigation.