Paule v. Asram Properties, LLC CA1/3
Irenee Paule filed the underlying lawsuit against parties who allegedly deprived her of her contractual right to purchase commercial property in San Lorenzo (the property). In her complaint, Paule alleged causes of action against Asram Properties, LLC, the current owner of the property, for imposition of a constructive trust and civil conspiracy. Asram filed a motion to strike these causes of action pursuant to Code of Civil Procedure section 436 governing motions to strike. (Undesignated statutory references are to the Code of Civil Procedure.) The trial court granted Asram’s motion on the ground that the parties executed a stipulation that obligates Paule to dismiss her claims against Asram.
We will reverse the judgment for two related reasons. First, section 436 does not authorize striking an entire cause of action on a non-procedural ground, and second Asram failed to demonstrate that Paule’s claims are barred as a matter of law.
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