Judge: Lee W. Tsao, Case: 23NWCV00061, Date: 2023-05-03 Tentative Ruling

Case Number: 23NWCV00061    Hearing Date: May 3, 2023    Dept: C

AGUILAR v. INTERNATIONAL FORKLIFT COMPANY

CASE NO.:  23NWCV00061

HEARING: 5/3/23 @ 1:30 PM

#4

TENTATIVE RULING

Plaintiff Aguilar’s motion to strike the unverified Answer to the verified complaint is DENIED as moot.

Opposing Party to give NOTICE.

Plaintiff Aguilar moves to strike the unverified Answer.

The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or 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.)  The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records).  (CCP § 437.)

“If the complaint is verified, unless the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1, the denial of the allegations shall be made positively or according to the information and belief of the defendant.”  (CCP § 431.30(d).)  “When the complaint is verified, the answer shall be verified.”  (CCP § 446(a).)

On March 6, 2023, Defendant filed a verified Amended Answer.  On March 20, 2023, Defendant filed an unverified Second Amended Answer, without leave of court.  Therefore, the operative Answer is the verified Amended Answer filed on March 6, 2023.  Therefore, the motion to strike is moot. 

In reply, Plaintiff argues the motion to strike is not moot because the verified answer responds to only 29 paragraphs in the Complaint and leaves the remaining paragraphs unanswered.  Plaintiff argues this is “against the law,” but Plaintiff cites no authority for this assertion.  After answering the first 29 paragraphs of the Complaint, Defendant denies each cause of action starting at paragraph 30.  No additional denials are required. 

The motion is DENIED as moot.