Judge: John C. Gastelum, Case: 21-01225035, Date: 2022-09-06 Tentative Ruling

Motion to Strike Answer

Ruling:  Off Calendar – no hearing will be held.  Motion to Strike Answer is continued to 11-8-2022, Dept. C11, at 2 pm.   Plaintiff Griffin Burke (“Plaintiff”) moves to strike the First Amended Answer (“FAA”) filed by Defendants Grace Kwahk and Grace Kwahk, CSR, Inc. (“Kwahk Defendants”) and Defendant Kamryn Whitney Court Reporting (“KWCR”) on the grounds that the FAA improperly adds new Defendants and affirmative defenses beyond the scope of the leave to amend previously granted by the Court.

Initially, the Court notes the parties did not meet and confer in good faith prior to the filing of this Motion.  Plaintiff states he was unable to meet and confer with counsel prior to filing this Motion because counsel did not respond to his requests.  Plaintiff sent a meet and confer letter to counsel (Exhibit 2) and requested dates and times for further meet and confer.  Though the parties exchanged numerous emails, it appears that counsel never provided a date and time for the meet and confer.  As previously noted, Plaintiff and counsel have had numerous disputes in this case, and it appears to the Court that both sides are failing to communicate with each other with the appropriate respect and professionalism.  The Court is concerned that the parties are not meeting and conferring over the issues raised in the numerous motions that have been filed in good faith and in a courteous manner, with fault on both sides, and advises the parties to work to resolve issues informally in good faith.  Accordingly, the court will continue the matter to allow for the required meet and confer efforts.  The Court admonishes the parties that any future failure to comply with all applicable laws or rules may result in the motion or demurrer being taken off calendar or denied, if appropriate.

Defendants to give notice.