Judge: Joel R Wohlfeil, Case: 37-2022-00013940-CU-BC-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 31, 2023

11/03/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00013940-CU-BC-CTL BEST VS TANKSLEY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 09/19/2023

1. The Motion (ROA # 71) of Defendants Alysha Tanksley, Rebecca Monge and Professional Realty ('Defendants') for an order to strike all or, in the alternative, a portion of the Fourth Amended Complaint ('4AC') by Plaintiff Nathaniel Best ('Plaintiff'), is GRANTED IN PART and MOOT IN PART.

This Court is empowered to '[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.' Code Civ. Proc. 436(b).

'A party may amend its pleading once without leave of the court at any time before the answer ...is filed.' Code Civ. Proc. 472(a).

Generally, after an Answer has been filed, Plaintiff seeking to amend the Complaint must seek leave of Court. Code Civ. Proc. 473(a).

'After expiration of the time in which a pleading can be amended as a matter of course, the pleading can only be amended by obtaining the permission of the court.' Leader v. Health Industries of America, Inc.

(2001) 89 Cal. App. 4th 603, 613.

In this action, Plaintiff did not obtain leave to file the Fourth Amended Complaint (ROA # 60). Therefore, it was not 'filed in conformity with the laws of this state' such that it must be stricken.

The Motion to strike the entire 4AC is granted on this basis and the Court does not address the propriety of the claim for attorney fees. As a result of this ruling, the Third Amended Complaint (ROA # 32) is the current, active pleading in this matter.

The alternative relief sought by Defendants is MOOT.

Defendants are given leave to file and serve a renewed Motion to strike challenging any allegations within the Third Amended Complaint within thirty (30) days of this hearing.

_____ 2. The general Demurrer (ROA # 68) of Defendants, Alysha Tanksley, Rebecca Monge and Calendar No.: Event ID:  TENTATIVE RULINGS

3022427 CASE NUMBER: CASE TITLE:  BEST VS TANKSLEY [IMAGED]  37-2022-00013940-CU-BC-CTL Professional Realty ('Defendants') to causes of action 2 - 4 in the Fourth Amended Complaint ('4AC') by Plaintiff Nathaniel Best ('Plaintiff'), is MOOT in light of the ruling striking the Fourth Amended Complaint.

Given the Motion to strike, a ruling addressing the merits of the Demurrer constitutes an improper advisory ruling.

Defendants are given leave to file and serve a renewed Demurrer challenging the causes of action in the Third Amended Complaint within thirty (30) days of this hearing.

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