Judge Daniel M. Crowley, Case Number: 23STCV14998, Date: 2023-11-27 Tentative Ruling

Plaintiff Larisha Perkins’ and Isaiah Sampson’s unopposed motion to strike the answer, or alternatively, portions of the answer of Defendants SBDTLA 1, LLC; SBDTLA 2, LLC; SBDTLA 3, LLC; SBDTLA 4, LLC; and Greystar California, Inc. is granted with 20 days leave to amend.

Plaintiffs Larisha Perkins (“Perkins”) and Isaiah Sampson (“Sampson”) (collectively, “Plaintiffs”) move unopposed to strike Defendants SBDTLA 1, LLC’s; SBDTLA 2, LLC’s; SBDTLA 3, LLC’s; SBDTLA 4, LLC’s; and Greystar California, Inc.’s (collectively, “Answering Defendants”) answer (“Answer”) to Plaintiffs’ Complaint, or in the alternative, strike portions of the Answer, specifically, portions claiming Plaintiffs’ Complaint is “unverified,” and the General Denial. (Notice of Motion, pgs. 1-2; C.C.P. §446.) Plaintiffs also request the Court enter a default for Answering Defendants’ violation. (Notice of Motion, pg. 2.)

Plaintiffs filed their operative Complaint on June 28, 2023, against Answering Defendants, and 600 Tower, LLC; Lea Kim; Barry Shy; Eric Shy, Rommy Shy; 650 S Spring Owner, LLC; and FPI Management (collectively, “Defendants”). On August 14, 2023, Answering Defendants filed their Answer.

On August 30, 2023, Plaintiffs filed the instant motion. As of the date of this hearing no opposition has been filed.

Before filing a motion to strike, moving party’s counsel must meet and confer, in person or by telephone, with counsel for the party who filed the pleading in an attempt to reach an agreement that would resolve the objections to the pleading and obviate the need for filing a motion to strike. (C.C.P. §435.5.) A declaration must be filed with the motion to strike regarding the results of the meet and confer process. (C.C.P. §435.5(a)(3).)

Plaintiffs’ counsel declares upon receipt of the Answer, he attempted to call Answering Defendants’ attorney and was not able to speak to her. (Decl. of Partiyeli ¶3.) Plaintiffs’ counsel declares Answering Defendants’ counsel sent an email acknowledging the incorrect filing, and that he assumed she would have filed an amended verified answer by now. (Decl. of Partiyeli ¶3.) Plaintiffs’ counsel’s declaration is sufficient, and therefore its motion to strike is proper.

C.C.P. §436 provides that the Court may, upon a motion made pursuant to C.C.P. §435, or at any time within its discretion and upon terms it deems proper, “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (C.C.P. §436(b).)

A plaintiff has only 10 days after service of an answer to file a demurrer to the answer. A motion to strike an answer may be brought “within the time allowed to respond to a pleading.” (C.C.P. §435(b)(1)). Presumably, because a motion to strike and a demurrer must be brought at the same time, a motion to strike must be filed within 10 days after service of the answer. (C.C.P. §435(b); CRC 3.1322(b).)

Here, Plaintiffs’ motion to strike was filed more than 10 days after service of Answering Defendants’ Answer. However, the Court in its discretion will consider Plaintiffs’ motion.

Plaintiffs move to strike the Answer, or alternatively, portions of the Answer claiming the complaint is “unverified”, and the General Denial. (Notice of Motion, pgs. 1-2.)

If the complaint is verified, the defendant must verify the answer. I.e., defendant must attach a statement, under oath or penalty of perjury, “that the same is true of his [or her] own knowledge, except as to the matters which are therein stated on his or her information or belief, and as to those matters that he or she believes it to be true.” (C.C.P. §446(a).)

Here, the Plaintiffs filed a verified Complaint, and Answering Defendants’ Answer is not verified. None of the exceptions to verifications apply here, as the Complaint is for an unlimited civil case, and is not an action against a public entity or official. (C.C.P. §92(b); C.C.P. §446.)

Accordingly, Plaintiffs’ motion to strike Answering Defendants’ Answer, in its entirety, is granted with 20 days leave to amend.

Plaintiffs’ unopposed motion to strike Answering Defendants’ Answer is granted with 20 days leave to amend.

Hon. Daniel M. Crowley

Judge of the Superior Court