Judge: Jon R. Takasugi, Case: 19STCV25208, Date: 2022-10-05 Tentative Ruling

Case Number: 19STCV25208    Hearing Date: October 5, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motion to strike Defendant Victor Mendiola’s answer is GRANTED.

On 7/18/2019, Plaintiff Jason T. Yu (Plaintiff) initiated this action.

On 2/16/2022, Plaintiff filed a second amended complaint (SAC) against Kristopher Rene Gomez, KMD Property Solutions, LLC, and Victor Mendiola, alleging: (1) fraud and intentional misrepresentation; (2) concealment; (3) violation of the Unfair Competition law; (4) violation of California Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; (8) violation of Civil Code section 2079.

            Now, Plaintiff moves to strike Defendant Victor Mendiola’s answer.

            The motion is unopposed.

Discussion

            Plaintiff argues that Defendant’s answer should be stricken because he has refused to subsequently participate in this litigation.

“Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP 435(b). “The Court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false or improper matter asserted in any pleading; (b) Strike 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." (CCP 436.)  

Here, Plaintiff has submitted evidence that Defendant has refused to appear for his deposition after he confirmed he would appear, has failed to take part in a mediation that was scheduled on a mutually agreeable date, and has failed to attend multiple hearings before this Court.” (Motion, 2: 2-4.) Moreover, Defendant failed to oppose this motion. As such, Defendant’s failure to act since his 2/7/2020 answer was filed indicates that he is either unwilling or unable to litigate this action. 

            Based on the foregoing, Plaintiff’s motion to strike Defendant Victor Mendiola’s answer is granted.

It is so ordered.

Dated:  October    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.