Judge: Elaine W. Mandel, Case: 21SMCV00470, Date: 2022-07-27 Tentative Ruling

Case Number: 21SMCV00470    Hearing Date: July 27, 2022    Dept: P

Tentative Ruling
Ganacoplos v. Allen, Case No. 21SMCV00470
Hearing Date July 27, 2022
Plaintiff’s Motion to Strike Defendant’s Answer (UNOPPOSED) 

Plaintiff Ganacoplos alleges defendant Allen failed to repay two loans. Allen’s counsel withdrew in March 2022, and Allen has not retained replacement counsel. Allen failed to appear at case management conferences (April 19, 2022, and May 26, 2022) and a trial setting conference (June 27, 2022). The court set orders to show cause for Allen’s failure to appear on May 26, 2022, and June 27, 2022. Allen filed no response nor made any appearance. Ganacoplos moves to strike Allen’s answer and seeks entry of default judgment.

Under Cal. Code of Civ. Proc. §572.2, a court may strike all or part of any pleading if a party fails to comply with the court’s local rules. Los Angeles County Superior Court Local Rule 3.25 requires litigants to attend case management conferences. When a court strikes a party’s answer as a sanction, the court can enter default judgment as to that party. Greenup v. Rodman (1986) 42 Cal.3d 822, 825. 

Allen failed to appear for three court appearances and OSC dates, without any communication with the court or counsel or any other excuse. Allen was served with notice of all hearings. Allen was served with this motion and has not filed opposition. This suggests Allen has abandoned the litigation. Under Cal. Code of Civ. Proc. §572.2, the answer is stricken, and default judgment entered. GRANTED. Ganacoplos to submit a proposed judgment.