Case 8:11-cv-00485-AG -AJW Document 297 #:7041

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

LISA LIBERI; LISA M. OSTELLA; GO ) Case No. 8:11-CV-00485-AG (AJW) EXCEL GLOBAL; PHILIP J. BERG, ) Hon. Andrew Guilford 12 ESQUIRE; and THE LAW OFFICES OF ) Courtroom 10D PHILIP J. BERG, ) ) [PROPOSED] ORDER GRANTING 13 Plaintiffs, ) DEFENDANT, YOSEF TAITZ’S ) MOTION TO DISMISS PURSUANT 14 vs. ) TO FRCP, RULE 12(f)
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ORLY TAITZ, a/k/a DR. ORLY TAITZ; ) LAW OFFICES OF ORLY TAITZ; ) ORLY TAITZ, INC.; DEFEND OUR ) FREEDOMS FOUNDATIONS, INC.; ) NEIL SANKEY; SANKEY ) INVESTIGATIONS, INC; TODD ) SANKEY; THE SANKEY FIRM, INC.; ) REED ELSEVIER, INC.; LEXISNEXIS ) GROUP, INC., a Division of Reed ) Elsevier, Inc.; LEXISNEXIS RISK AND ) INFORMATION ANALYTICS ) GROUP, INC.; LEXISNEXIS SEISINT, ) INC. d/b/a ACCURINT, a Division of ) Reed Elsevier, Inc.; LEXISNEXIS ) CHOICEPOINT, INC., a Division of ) Reed Elsevier, Inc.; LEXISNEXIS RISK ) SOLUTIONS, INC., a Division of Reed ) Elsevier, Inc.; INTELIUS, INC.; ) ORACLE CORPORATION; ) DAYLIGHT CHEMICAL ) INFORMATION SYSTEMS, INC.; ) YOSEF TAITZ, individually, and as ) Owner / CEO of DAYLIGHT ) CHEMICAL INFORMATION ) SYSTEMS, INC.; and DOES 1 through ) 186, inclusive, ) Defendants. )
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Date Action Filed: Discovery Cut-Off: Final Pre-Trial Conf.: Trial Date: Hearing Date: Hearing Time: Courtroom: Location:

May 4, 2009 March 5, 2012 May 21, 2012 June 5, 2012

August 22, 2010 10:00 AM 10D Santa Ana Courthouse 411 W. Fourth St. Santa Ana, CA 92701

[PROPOSED] ORDER RE: MOTION TO STRIKE PURSUANT TO FRCP 12(f)

Case 8:11-cv-00485-AG -AJW Document 297 #:7042

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On August 22, 2011, at 10:00 a.m., YOSEF TAITZ’s Motion to Strike Pursuant to Federal Rules of Civil Procedure, Rule 12(f), as to Plaintiffs, LISA LIBERI, PHILIP J. BERG, ESQUIRE, THE LAW OFFICES OF PHILIP J. BERG, LISA M. OSTELLA, and GO GLOBAL EXCEL’s First Amended Complaint, came regularly before the Honorable Andrew Guilford of the United States District Court for the Central District of California, Southern Divison, in Courtroom 10D, at the Santa Ana Courthouse located at 411 West Fourth Street, Santa Ana, CA 92701. Appearing on behalf of DEFENDANT and moving party was Orly Taitz, Esq., and Peter Cook of Schumann, Rallo & Rosenberg, LLP; on behalf of PLAINTIFF, was Philip J. Berg, Esq. After hearing oral argument from the involved parties, the Court ruled as follows: [ ] 1. All references to Defendant YOSEF TAITZ’s personal residential address in the FAC, as found in paragraphs 9, 10 and 27 of Plaintiff’s Complaint, are hereby stricken. [ ] 2. The entirety of paragraph 260 in Plaintiffs’ FAC, which states,“Unless restrained and enjoined pursuant to Cal. Civ. Code §1798.84(e), Defendants will continue to commit such acts,” is hereby stricken. [ ] 3. The entirety of paragraph 261 in Plaintiffs’ FAC, which states, “As a direct result, Defendants, each of them are liable, separately to Plaintiffs Liberi and Ostella, separately, A civil penalty pursuant to Cal. Civ. Code §1798.84. Cal. Civ. Code § 1798.84, states in pertinent part: “(b) states a party injured by a violation of this title may institute a civil action to recover damages ...(c) dictates a civil penalty over and above actual damages and punitive damages for a willful, intentional, or reckless violation...may recover a civil penalty not to exceed three thousand dollars ($3,000) per violation...(e) Any business that violates, proposes to violate, or has violated this title may be enjoined...(f) A prevailing plaintiff in any action commenced shall also be entitled to recover his or her reasonable attorney’s fees and costs...(g) The rights and remedies available under this section are cumulative
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Case 8:11-cv-00485-AG -AJW Document 297 #:7043

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to each other and to any other rights and remedies available under law,” is hereby stricken. [ ] 4. The entirety of paragraph 262 in Plaintiffs’ FAC, which states, “Thus, Defendants are indebted to Plaintiffs Liberi and Ostella for civil penalties up to Three Billion Dollars [$3,000,000,000.00], which is cumulative to each and other penalty and any other rights and remedies available under the law,” is hereby stricken. [ ] 5. A portion of paragraph 263 in Plaintiffs’ FAC, which states “... therefore Plaintiffs Liberi and Ostella are entitled to the civil penalties set forth at Cal. Civ. Code §1798.84, including exemplary damages, and all other appropriate relief as further set forth in the Prayer for Relief herein,” is hereby stricken. [ ] 6. The entirety of Plaintiffs’ Prayer for Relief No. 4 in the FAC, located on pages 165 to 166, which states, “4. CIVIL PENALTIES – CUMULATIVE with all other AWARDS: r. For the Sixth Count, enter judgment, collectively, jointly and separately, against Defendants Orly Taitz as an Attorney and an Officer of the Court and as President for Orly Taitz, Inc. and DOFF; Law Offices of Orly Taitz; Orly Taitz, Inc.; DOFF; Neil Sankey, Todd Sankey and the Sankey Firm for Civil Penalties pursuant to Cal. Civ. P. §1798.84 in the amount of Three Billion [$3,000,000,000.00] Dollars payable to Plaintiffs Lisa Liberi and Lisa Ostella separately; s. For the Seventeenth Count, enter judgment, collectively, jointly and separately against each Reed Defendant and Defendant Intelius, Inc. for Civil Penalties pursuant to Cal. Civ. P. §1798.84 in the amount of Three Billion [$3,000,000,000.00] Dollars payable to Plaintiffs Lisa Liberi and Lisa Ostella separately,” is hereby stricken. [ ] [ ] 7. 8. The portion of Prayer for Relief No. 9 of the FAC, located on page The portion of Prayer for Relief No. 9 of the FAC, located on page 170, which makes reference to “Cal. Civ. Code § 1798.50(2),” is hereby stricken. 170, which makes reference to “Cal. Civ. Code §1798.83(g),” is hereby stricken.
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Case 8:11-cv-00485-AG -AJW Document 297 #:7044

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[ ]

9.

Plaintiff has ____ days leave to file an amended Complaint that has all

allegations hereby stricken by this Court removed.

IT IS SO ORDERED.

Date:_______________

__________________________________ Hon. Andrew Guildford

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