Judge: Katherine Chilton, Case: 21NWLC16203, Date: 2022-09-28 Tentative Ruling

Case Number: 21NWLC16203    Hearing Date: September 28, 2022    Dept: 25

PROCEEDINGS:      MOTION TO STRIKE

MOVING PARTY:   Defendant Rilee Shea Bostrom

RESP. PARTY:         Plaintiff Lisa Chorness Hovden

MOTION TO STRIKE

(CCP §§ 435 et seq.)

TENTATIVE RULING:

The hearing on Defendant Rilee Shea Bostrom’s MOTION TO STRIKE is CONTINUED TO NOVEMBER 3, 2022 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.  Defendant is ordered to file and serve supplemental documents, as discussed herein, at least 16 court days before the next scheduled hearing.  Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE: 

[ X ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[ X ] Correct Address (CCP §§ 1013, 1013a)                                     OK

[ X ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          Filed on September 20, 2022.                           [X] Late                       [   ] None

REPLY:                     None filed as of September 27, 2022.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On April 21, 2021, Plaintiff Lisa Chorness Hovden (“Plaintiff”) filed an action against Defendant Rilee Shea Bostrom (“Defendant”) arising out of Defendant’s alleged failure to pay Plaintiff for legal services pursuant to an attorney-client retainer agreement.  On August 10, 2021, Plaintiff filed a First Amended Complaint (“FAC”).

On August 15, 2022, Defendant, in propria persona, filed the instant Motion to Strike (“Motion”) Portion of First Amended Complaint.  Plaintiff filed a late opposition on September 20, 2022.

On August 25, 2022, the Court noted that the case was not a “Collections Hub Case” and transferred the case for reassignment.  (8-25-22 Minute Order.)  On September 1, 2022, the case was assigned to limited civil jurisdiction, Department 25 at the Spring Street Courthouse.  (9-1-22 Minute Order.)  The Court also continued the hearing on the instant Motion to September 28, 2022.  (Ibid.) 

II.              Legal Standard

According to Code of Civil Procedure § 436:

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) Strikeout any irrelevant, false, or improper matter inserted 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.

However, motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc. § 92(d).)  Code of Civil Procedure also authorizes the Court to act on its own initiative to strike matters, empowering the Court to enter orders striking matter “at any time in its discretion, and upon terms it deems proper.”  (Code Civ. Proc. § 436.)  Furthermore, § 435.5 requires that “[b]efore filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining whether an agreement can be reached that resolves the objections to be raised in the motion to strike.”  (Code Civ. Proc. § 435.5(a).)

III.            Discussion

Defendant seeks to strike the entire First Amended Complaint, or in the alternative, provision BC-5, request for attorney’s fees.  (Mot. p. 2.)

As a preliminary matter, the Court notes the following deficiencies in the Motion.

First, Defendant has submitted a defective Notice as it contains the wrong address for the courthouse where the hearing on the Motion will be held – Department A, 12720 Norwalk Bld., Norwalk, California, 90650.  On September 1, 2022, the case was assigned to limited civil jurisdiction, Department 25 at the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  The hearing on the Motion will be held at the Spring Street Courthouse, thus, Defendant is ordered to correct the Notice of Motion, serve it on Plaintiff, and file it with the Court.

Second, Defendant has not submitted a sworn declaration demonstrating that she attempted to meet and confer with Plaintiff regarding the Motion prior to filing it with the Court, as required by Code Civil Procedure § 435.5(a).  Defendant is ordered to file a sworn declaration explaining her efforts to meet and confer with Plaintiff regarding the Motion to Strike.

Third, Defendant has submitted exhibits in support of her Motion; however, the exhibits are not admissible and cannot be considered by the Court, unless they are authenticated.  (Evidence Code § 1400 et seq.)  Unless Defendant submits a signed declaration, sworn under penalty of perjury, attesting that each exhibit is a true and correct copy of the document, the Court cannot admit the exhibits into evidence and consider them in support of Defendant’s Motion.

For these reasons, Defendant’s Motion to Strike is CONTINUED.

IV.           Conclusion & Order

For the foregoing reasons:

The hearing on Defendant Rilee Shea Bostrom’s MOTION TO STRIKE is CONTINUED TO NOVEMBER 3, 2022 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.  Defendant is ordered to file and serve supplemental documents, as discussed herein, at least 16 court days before the next scheduled hearing.  Failure to do so may result in the Motion being placed off calendar or denied.

Moving party to give notice.