Judge: Joseph Lipner, Case: 23STCV28366, Date: 2024-05-09 Tentative Ruling

Case Number: 23STCV28366    Hearing Date: May 9, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Defendants Young C. Shin and Ok Ja Shin (collectively, “Defendants”) move to strike the Complaint filed by Plaintiff Lorraine Perez (“Plaintiff”).

Defendants’ motion to strike is DENIED AS MOOT.

The Court sua sponte GRANTS Plaintiff leave to file the Second Amended Complaint (“SAC”) which Plaintiff has previously submitted to the Court.

Background

Plaintiff filed this action on April 30, 2024, raising claims for (1) discriminatory practices in public accommodations; and (2) violation of the Unruh Civil Rights Act, Civil Code, section 51.

Defendants moved to strike the Complaint on January 17, 2024, contending that the Complaint must be verified because it alleges a construction-related accessibility claim.

Plaintiff filed a First Amended Complaint (“FAC”) on February 23, 2024, which contains verification by Plaintiff’s attorney.

Defendant filed an amended motion to strike the FAC, arguing that the FAC still was not verified by a party, as required by Code of Civil Procedure, section 425.50, subd. (b)(1). 

Plaintiff submitted a Second Amended Complaint (“SAC”) to the Court on April 15, 2024, which contains a verification by Plaintiff. The SAC has not been deemed filed yet.

Legal Standard

Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole 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

            “A complaint alleging a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code, shall be verified by the plaintiff. A complaint filed without verification shall be subject to a motion to strike.” (Code Civ. Proc., § 425.50, subd. (b)(1).)

            Here, Plaintiff has submitted a Second Amended Complaint that cures the defects which Defendants identified in the Complaint and FAC. Although Plaintiff has not obtained leave to amend, the Court finds that it is in the interests of justice and judicial economy to grant leave to amend, since Plaintiff is able to cure the defects identified in the motion to strike.

The Court will therefore grant leave to amend sua sponte as long as no party wishes to object.

            The Court denies the motion to strike as moot.