Judge: Joel L. Lofton, Case: 20BBCV00878, Date: 2023-10-30 Tentative Ruling

Case Number: 20BBCV00878    Hearing Date: January 9, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      January 9, 2024                                               TRIAL DATE: No date set.

CASE:                         TAVAKKOLI, LLC, a California limited liability company, v. COHEN & ASSOCIATES INVESTMENTS, LLC, a California limited liability company; ALL PERSONS KNOWN OR UNKNOWN, CLAIMING AN INTEREST IN THE PROPERTY; and DOES 1 through 26, inclusive. 

CASE NO.:                 20BBCV00878

MOTION TO STRIKE

MOVING PARTY:               Plaintiff Tavakkoli, LLC

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed October 30, 2023

RELIEF REQUESTED

             Plaintiff moves to strike Defendant Cohen & Associates Investments, LLC’s answer.

BACKGROUND

This case arises out of Plaintiff Tavakkoli, LLC’s claim that Defendants Cohen & Associates Investments, LLC have interfered with Plaintiff’s use of an easement through Defendant’s property. Plaintiff filed this complaint on December 1, 2020, alleging three causes of action for (1) temporary restraining order, preliminary, and permanent injunction, (2) damages for interference with the use of a recorded easement, and (3) declaratory relief.

TENTATIVE RULING

Plaintiff’s motion to strike is DENIED.

LEGAL STANDARD

Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike a pleading or any part thereof.  (Code Civ. Proc., § 435, subd. (b)(1).)  The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading.  (Code Civ. Proc., § 436, subd. (a).)  The court may also strike all or any part of any pleading not drawn or filed in conformity with California law, a court rule, or an order of the court.  (Code Civ. Proc., § 436, subd. (b).)  An immaterial or irrelevant allegation is one that is not essential to the statement of a claim or defense; is neither pertinent to nor supported by an otherwise sufficient claim or defense; or a demand for judgment requesting relief not supported by the allegations of the complaint.  (Code Civ. Proc., 431.10, subd. (b).)  The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice.  (Code Civ. Proc., § 437.)   

DISCUSSION

            Plaintiff moves to strike Defendant’s answer on the grounds that Defendant is an unrepresented corporate entity in the present lawsuit. In October of 2023, this court granted Defendant’s previous counsel’s motion to be relieved as counsel. The court ordered counsel to provide a declaration or affirmatively inform the court that Defendant understood it could not proceed in pro per status. Defendant did not immediately substitute in new counsel, and Plaintiff filed the present motion.

            However, on December 21, 2023, Defendant filed a substitution of attorney to add Matthew Abbasi as its counsel of record. Thus, Plaintiff’s motion to strike is denied as moot.

CONCLUSION

Plaintiff’s motion to strike is DENIED.

            Moving Party to give notice.

Dated:  January 9, 2024                                              ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court