Judge: Michelle C. Kim, Case: 21STCV14648, Date: 2023-10-06 Tentative Ruling

Case Number: 21STCV14648    Hearing Date: October 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JONATHAN ARAUJO, 

Plaintiff(s),  

vs. 

 

ELIO GERARDO ROLDAN CONTRERAS AKA ELIO GERARDO ROLDAN, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV14648 

 

[TENTATIVE] ORDER DENYING MOTION TO STRIKE  

 

Dept. 31 

1:30 p.m.  

October 6, 2023  

 

Plaintiff Jonathan Araujo (‘Plaintiff”) filed this action against Defendant Elio Gerardo Roldan Contreras aka Elio Gerardo Roldan (“Defendant”) for injuries arising from an automobile incident.  

Plaintiff served Defendant with the Summons and Complaint on March 15, 2022. Defendant filed his initial Answer on April 13, 2022, which was voided on May 16, 2022. On May 20, 2022, Defendant re-filed his Answer. 

On July 12, 2023, Defendant filed the instant motion to strike portions of Plaintiff’s Complaint. As Plaintiff notes in his opposition, the motion is untimely. CCP §435 provides, in relevant part, that a motion to strike must be made within the time allowed to respond to a pleading. Defendant responded to Plaintiff’s Complaint by filing an Answer, and may not now bring a motion to strike after the timeframe to do so has long expired.  

 

Therefore, Defendant’s motion is DENIED. 

 

Defendant is ordered to give notice.    

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 5th day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court