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Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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JudgeLaw Is punitive damages the same as treble damages? Attorneys

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Is punitive damages the same as treble damages?
Attorney's fees can be rewarded per CA CCP sections 1021 through 1038?
What elements must have for a motion to strike to be granted? Thank you.
Thank you for requesting me.

Yes, treble damages are punitive damages.

Yes, the court has authority to award attorney fees upon motion.

The motion to strike may be brought only to strike for the following reasons: a. To strike “irrelevant, false or improper matter inserted in any pleading” b. To strike a pleading or part of a pleading “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (C.C.P. § 436). This includes striking an unverified answer to a verified complaint. c. If the case is a limited civil case, motions to strike are only permitted only to strike damages or relief sought that are not supported by the allegations of the complaint. (C.C.P. § 92(d)(e)).

I hope this is helpful.

Thank you.

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