Judge: Michael E. Whitaker, Case: 25SMCV01458, Date: 2025-06-04 Tentative Ruling

Case Number: 25SMCV01458    Hearing Date: June 4, 2025    Dept: 207

TENTATIVE RULING

MOTION

This case arises from allegations that Defendant Brett Anderson (“Defendant”) defamed Plaintiff Matthew Kenney (“Plaintiff”) and his business ventures.  The Complaint alleges four causes of action for (1) unjust enrichment; (2) defamation; (3) intentional infliction of emotional distress; and (4) tortious interference.  Defendant answered the Complaint on May 2, 2025.

Plaintiff now moves to strike the answer on the grounds that it was filed by an attorney not admitted to practice law in California and not admitted pro hac vice at the time of filing.  Defendant opposes the motion.

ANALYSIS

1.     MOTION TO STRIKE

Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof.  (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).)  On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court.  (Code Civ. Proc., § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) 

Plaintiff argues that the answer was not filed in conformity with the laws of California because the caption includes the name of Maxwell S. Mishkin (Pro Hac Vice Pending).  However, the caption also includes the name of Elizabeth L. Schilken, a California licensed attorney, who signed the Answer.  The Court also notes that the same day Defendant filed the answer, Mr. Mishkin filed a verified application for admission pro hac vice, which is currently pending. 

CONCLUSION AND ORDER

Therefore, the Court finds nothing improper about the Answer to warrant striking it, and denies Plaintiff’s motion to strike the answer. 

Plaintiff shall provide notice of the Court’s ruling and file the notice with a proof of service forthwith. 

DATED:  June 4, 2025                                                           ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court