Judge: Melvin D. Sandvig, Case: 24CHCV04063, Date: 2025-02-19 Tentative Ruling

Case Number: 24CHCV04063    Hearing Date: February 19, 2025    Dept: F47

Dept. F47

Date: 2/19/25

Case #24CHCV04063

MOTION TO STRIKE ANSWER

Motion filed on 1/17/25.

MOVING PARTY: Plaintiff Fonda Williams

RESPONDING PARTY: Defendants Aahmek Richards; Grind & Roll, LLC, a cancelled Delaware Limited Liability Company; A5KM3 LLC

NOTICE: ok

RELIEF REQUESTED: An order striking the answer of Defendants Aahmek Richards; Grind & Roll, LLC, a cancelled Delaware Limited Liability Company and A5KM3 LLC filed on 12/23/24.

RULING: The motion is granted.

SUMMARY OF FACTS & PROCEDURAL HISTORY

On 11/5/24, Plaintiff Fonda Williams (Plaintiff) filed this action against Defendants Aahmek Richards; Grind & Roll, LLC, a cancelled Delaware Limited Liability Company and A5KM3 LLC (collectively, Defendants) for: (1) Fraud, (2) Conversion, (3) Breach of Fiduciary Duty, (4) Accounting and (5) Set Aside Fraudulent Conveyance.  On 12/13/24, default was entered against Defendants.  On 12/23/24, Defendants, seemingly unrepresented by counsel, filed an answer to the complaint. 

On 1/17/25, Plaintiff filed and served the instant motion seeking an order striking the answer of Defendants.  Defendants have not opposed or otherwise responded to the motion. 

ANALYSIS

Upon motion, the court may strike out all or any part of a pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court.  See CCP 435; CCP 436(b).

Defendants lacked standing to file the answer because their default had been entered 10 days before the answer was filed.  See Forbes (1978) 83 CA3d 257, 262; Christerson (1919) 180 Cal. 523, 525.

Additionally, there is no indication that the individual defendant, Aahmek Richards, is an attorney.  As such, the answer filed on behalf of the entity defendants, even if timely, is invalid as a corporate/entity defendant must appear in court through an attorney.  See CLD Construction, Inc. (2004) 120 CA4th 1141, 1145.

CONCLUSION

The motion is granted.