Judge: Michael Shultz, Case: 23CMCV01634, Date: 2024-01-11 Tentative Ruling
Case Number: 23CMCV01634 Hearing Date: January 11, 2024 Dept: A
23CMCV01634 Pencor, Inc. v. Sharon
Sperling, et al.
[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTION TO
STRIKE DEFENDANT’S ANSWER TO VERIFIED COMPLAINT
The
verified complaint alleges that Plaintiff purchased the residential real
property at a foreclosure sale. Defendants failed to surrender possession after
service of a three-day notice quit. Defendant, Sharon Sperling, filed her
answer on November 29, 2023. Plaintiff moves to strike it as it contains only a
general denial. Defendant did not file an opposition.
The court may, upon motion or at any time in
its discretion and upon terms it deems proper: (1) strike out any irrelevant,
false, or improper matter inserted in any pleading; or (2) strike out all or
any part of the 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).) Grounds for a motion
to strike are limited to matters that appear on the face of the complaint or on any matter of which the court shall
or may take judicial notice. (Code Civ. Proc., § 437.)
Defendant’s
answer asserts only a general denial. Allegations of a verified complaint must
be denied specifically. (Code
Civ. Proc., § 431.30 subd. (d).) As such, the answer is defective.
Leave
to amend is ordinarily given if there is a reasonable possibility that the
defect can be cured. However, it is the pleader’s burden to demonstrate how he
or she can amend the pleading and how that amendment will change the legal
effect of the pleading. (Association
of Community Organizations for Reform Now v. Department of Industrial Relations
(1995) 41 Cal.App.4th 298, 302.) As Defendant has not opposed the motion
demonstrating how the defect can be cured, the motion to strike Defendant’s
answer is GRANTED without leave to amend.