Judge: Michelle C. Kim, Case: 22STCV06234, Date: 2024-03-19 Tentative Ruling

Case Number: 22STCV06234    Hearing Date: March 19, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JUAN CERVANTES-ZARAGOZA, 

Plaintiff(s),  

vs. 

 

SUSANA SAMPEDRO, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV06234 

 

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO STRIKE ANSWER 

 

Dept. 31 

1:30 p.m.  

March 19, 2024 

 

Plaintiff Juan Cervantes-Zaragoza filed this action against defendants Susana Sampedro (“Sampedro”), Roberto Gomez (“Gomez”), Fabricio Espinoza, and Gonzalo Espinoza for damages arising from an automobile collision.  

 

On December 12, 2023, Peter J. Gates, Esq. of Gates, Gonter, Guy, Proudfoot & Muench, LLP (“Counsel”) filed an Answer to Plaintiff’s complaint on behalf of Sampedro, Gomez, Fabricio Espinoza, and Gonzalo Espinoza. 

 

On December 28, 2023, Counsel filed the instant motion to strike and withdraw Answers filed on behalf of Sampedro and Gomez on the grounds that Counsel does not represent these defendants, and accidentally filed an Answer on their behalf through inadvertence and mistake. Counsel moves pursuant to CCP §§ 436 and 473.  

 

The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, 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(b).) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect. (CCP §473(a)(1).)  

 

Therefore, because Counsel had no authority to file an Answer on behalf of Sampedro and Gomez, the motion is GRANTED. However, it is unclear as to whether Counsel seeks to strike/withdraw only the portions of the Answer which contains the mistake, or whether Counsel seeks to strike the Answer in its entirety and to file a new Answer on behalf of only the correct Defendants.  

 

Counsel must clarify at the hearing which option he seeks. If Counsel is seeking to only strike the incorrect names on the Answer, then Sampedro and Gomez names will be stricken from the Answer filed on December 12, 2023 at: (1) page 1, at lines 7-8 & lines 23-24; and (2) page 3, at lines 10-11. If Counsel seeks to withdraw the Answer as a whole, then the Court will strike the Answer in its entirety, but Counsel will be ordered to file a new Answer on behalf of the defendants he represents within 10 days of the Order. The Court will adjust this tentative accordingly at the hearing.   

 

Moving party 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 18th day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court