Judge: Elaine W. Mandel, Case: 24SMCV03278, Date: 2025-01-31 Tentative Ruling

Case Number: 24SMCV03278    Hearing Date: January 31, 2025    Dept: P

Tentative Ruling

Vonarb v. Hernandez, Case no. 24SMCV03278

Hearing date January 31, 2025

Plaintiff’s Motion to Strike Hernandez’s Denial of Wrongdoing

Plaintiff Vonarb, in pro per, sues defendants Hernandez, also in pro per, and “Progressive Insuranc” for motor vehicle damages arising from Hernandez’s vehicle allegedly striking plaintiff’s vehicle. Hernandez filed an answer but has subsequently failed to appear at multiple hearings. Plaintiff moves to strike the answer. The motion is unopposed.

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.

Hernandez filed the answer 7/3/24. Hernandez failed to appear at hearing 11/5/24. Min. Order 11/5/24. Hernandez again failed to appear 12/18/24. Min. Order 12/18/24. The court set OSCs re: failure to appear for both missed hearings for 1/31/25 and granted plaintiff leave to file the instant motion. Id. Hernandez received notice of both previous hearings and of the instant motion. The instant motion is unopposed. This suggests Hernandez has abandoned the litigation. Under Cal. Code Civ. Proc. §572.2 the answer is stricken. GRANTED.