Judge: Maurice A. Leiter, Case: 24STCV14954, Date: 2024-10-16 Tentative Ruling

Case Number: 24STCV14954    Hearing Date: October 16, 2024    Dept: 54

Hearing Date: October 16, 2024

Department 54, Judge Maurice A. Leiter

Motion to Strike Portions of the Complaint

Moving Party: Defendant Holy Trinity Romanian American Orthodox Church

Responding Party: Plaintiff The Romanian Orthodox Episcopate of America

T/R:     DEFENDANTS’ MOTION TO STRIKE IS DENIED.

DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

“Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP § 435(b)(1).) “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) Strike out any irrelevant, false or improper matter asserted 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." (CCP § 436.)

Defendants move to strike allegations containing references to non-party Father Constantin Alesce on the ground that they are irrelevant. Plaintiff, the national church under which the Defendant local church used to operate, alleges Defendant improperly disassociated from Plaintiff to join another national organization. Plaintiff alleges it is the rightful owner of the real property used by the Defendant local church. Father Alesce acted as the parish priest of the Defendant local church. Plaintiff alleges Father Alesce acted on behalf of Defendant in disassociating from Plaintiff. The references to Father Alesce are relevant to this action.

Defendant’s motion to strike is DENIED.