Judge: Jon R. Takasugi, Case: 23STCV04074, Date: 2023-08-15 Tentative Ruling

Case Number: 23STCV04074    Hearing Date: August 21, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion to strike is GRANTED, WITH 15 DAYS LEAVE TO AMEND.

On 2/24/2023, Plaintiffs Alicia Randolph and Malcolm Hairston (collectively, Plaintiffs) filed suit alleging: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) violation of Business and Professions Code section 17200; (5) negligence; (6) breach of covenant of quiet enjoyment; and (7) intentional influence to vacate.

            Now, Plaintiffs move to strike Defendant 6^th St. Loft, LLC’s (Defendant) answer and have default entered against it.

            The motion is unopposed.

Legal Standard

Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §§ 435-437.)  A motion to strike can be made to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of the court.  (CCP § 436.) 

Discussion

            Plaintiffs argue that Defendant’s answer must be struck because it is unverified and only contains a general denial.

            The Court agrees that Defendant’s answer is defective. Plaintiffs’ filed a verified Complaint. As a result, Defendant was required to make a specific denial to each allegation of the Complaint or a denial according to Defendant’s information and belief. Defendant did not file an opposition to contend otherwise.

            However, the Court finds the appropriate remedy for this to be to grant Plaintiffs’ motion to strike, while providing 15 days leave to amend to Defendant to file a substantively sufficient answer. The remedy of entering default against a Defendant is an extreme measure, and the Court finds no basis for this remedy at this time.

            Based on the foregoing, Plaintiffs’ motion to strike is granted, with 15 days leave to amend.

It is so ordered.

Dated:  August    , 2023

   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.  For more information, please contact the court clerk at (213) 633-0517.