Judge: Robert C. Longstreth, Case: 37-2022-00047094-CU-BC-CTL, Date: 2024-02-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 25, 2024

01/26/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00047094-CU-BC-CTL LUNAR MARKETING MANAGEMENT LLC VS RYAN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 06/01/2023

Plaintiffs' unopposed Motion to Strike, or in the Alternative Demur to, the Purported 'Counterclaims' in Defendant Ryan's Answer (ROA 47) is GRANTED.

Plaintiffs claim that the purported 'Verified' Answer is defective in its entirety because it is both unverified and unsigned. Defendant Ryan need not file a verified answer in this case, given that the complaint is unverified. (Code Civ. Proc. § 446(a).) However, he is required to sign his answer. (Ibid.) Because the answer is unsigned, the court grants the Motion to Strike the 'Counter Claims' on this basis, and because the defect affects the answer in its entirety, orders the entire answer stricken on its own motion. (Code Civ. Proc. § 436(b).) Plaintiffs also assert the portion of Defendant Ryan's answer purporting to assert counterclaims is subject to being stricken since the counterclaims are not set forth in a separate document, and are not referenced in the caption of the document. (Code Civ. Proc. § 436(b).) Although this assertion is moot in light of the Court's order striking the answer in its entirety, the court notes that Plaintiffs are correct in asserting that counterclaims are to be pled by way of a separately filed cross-complaint rather than within the answer, (Code Civ. Proc. § 428.40), and that all pleadings must state the title of the action (Code Civ. Proc. § 422.30(a)(2)). Therefore, even a properly signed answer cannot include counterclaims.

The court grants leave for Defendant Ryan to file a signed answer, omitting counterclaims, on or before February 10, 2024.

In light of the court's ruling granting the motion to strike, the demurrer in the alternative is moot.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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