Judge: Donald F. Gaffney, Case: Le Fevre v. Hoshimi, Date: 2023-08-30 Tentative Ruling

TENTATIVE RULING: 

Motion to Strike Answer

Plaintiffs Bart Le Fevre and Commercial Global Investments, LLC, move to strike the Answer of Defendants Steve

Hoshimi and Kaizen Oil Corporation. For the following reasons, the unopposed motion is GRANTED with leave to amend.

Pursuant to Code of Civil Procedure Section 436 the court may, upon a motion made or at any time in its discretion, strike out “any irrelevant, false, or improper matter inserted in any pleading.” (Code Civ. Proc., § 436(a).) “Irrelevant” matters include allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim, or a demand for judgment requesting relief not supported by the allegations of the complaint. (Code Civ. Proc., § 431.10(b).) The court may also strike 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.” (Code Civ. Proc., § 436(b).)

Purporting to represent itself, Defendant Kaizen Oil Corporation filed an answer on February 15, 2023. Defendant Kaizen is a corporation. This entity cannot represent itself and, thus, cannot file an answer on its behalf. (See Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284 n.5.) The answer filed February 15, 2023, is hereby stricken as to Defendant Kaizen Oil Corporation.

Code of Civil Procedure Section 431.30(b)(1) provides that the answer to a complaint “shall” contain “[t]he general or specific denial of the material allegations of the complaint controverted by the defendant.” Each denial “may be stated by reference to specific paragraphs or parts of the complaint; or by express admission of certain allegations of the complaint with a general denial of all of the allegations not so admitted; or by denial of certain allegations upon information and belief, or for lack of sufficient information or belief, with a general denial of all allegations not so denied or expressly admitted.” (Code Civ. Proc., § 431.30(f).) Here, defendant Hoshimi’s answer does not include a general or specific denial in compliance with Section 431.30. The answer filed February 15, 2023, is hereby stricken as to Defendant Hoshimi.

Should Defendants desire to file an amended answer addressing the issues in this ruling, Defendants shall file it no later than 30 days from the service of notice of ruling.

Plaintiffs to give notice.