Judge: Mark H. Epstein, Case: 20SMCV01309, Date: 2023-08-10 Tentative Ruling

Case Number: 20SMCV01309    Hearing Date: August 10, 2023    Dept: R

The motion to strike the answer is GRANTED.  Defendant is a law firm that is no longer represented by counsel.  Given the upcoming trial (now set for September 18, 2023), plaintiff will need to expend considerable time and expense to prepare and to be able to file final status conference materials.  Worse, to file those materials, plaintiff’s counsel must meet and confer with defense counsel.  Absent counsel, there is no one with whom to meet and confer.

Requiring plaintiff to undergo the expense of preparing for trial is prejudicial where the defendant cannot appear at the trial.  Further, the court warned defendant long ago that it needed to find counsel or its answer would be stricken.

The time has come.  The motion is granted.  The answer is STRICKEN, the FSC and trial dates are VACATED.  The court will set an OSC re: Entry of Default Judgment for 90 days’ hence.  No appearances are necessary if judgment has been entered before that time.  Even though the answer was stricken, plaintiff is to give notice.