Judge: Steven A. Ellis, Case: 20STCV02615, Date: 2024-10-03 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 20STCV02615    Hearing Date: October 3, 2024    Dept: 29

Abramyan v. Drazan
20STCV02615
Plaintiff’s Motion to Strike Defendant’s Answer

Tentative

The motion is denied.

Background

On January 21, 2020, Mary Abramyan (“Plaintiff”) filed a complaint against Bhatti Drazan, Lilly of the Valley Transportation, LLC (collectively “Defendants”), and Does 1 through 50 for general negligence and motor vehicle negligence arising out of an automobile accident occurring on January 31, 2018 on Interstate 10 near Fairplex Drive in Pomona.

On April 9, 2020, Defendants filed an answer.

On May 6, 2021, Defendants’ counsel was relieved as attorney of record.

On June 28, 2023, the Court denied Plaintiff’s first motion to strike based on Defendants’ failure to participate in the litigation.

On August 13, 2024, Plaintiff filed this second motion to strike Defendants’ answer.

No opposition has been filed.

Legal Standard

Pursuant to Code of Civil Procedure, section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) 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.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.)

Code of Civil Procedure section 575.2, subdivision (a) provides:

“Local rules promulgated pursuant to Section 575.1 may provide that if any counsel, a party represented by counsel, or a party if in pro se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees . . .”

“The PI Hub Courts have the discretion to require any party or counsel of record who fails or refuses to comply with this Standing Order to show cause why the court should not impose monetary, evidentiary, and/or issue sanctions (including the entry of a default or the striking of an answer) (Code of Civil Procedure, section 575.2).” (Eighth Amended Standing Order § 12(d).)

 “Although authorized to impose sanctions for violation of local rules [], courts ordinarily should avoid treating a curable violation of local procedural rules as the basis for crippling a litigant's ability to present his or her case.”  (Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1364 (superseded by statute on other grounds); see also Kalivas v. Barry Controls Corp. (1996) 49 Cal.App.4th 1152, 1161 [“An order based upon a curable procedural defect (such as the failure to file a separate statement), which effectively results in a judgment against a party, is an abuse of discretion.”].)

Discussion

Plaintiff seeks to have Defendants’ answer stricken based on their failure to participate in preparing joint trial documents and Final Status Conference documents.

Plaintiff seeks to strike Defendants’ answer under, first, Code of Civil Procedure sections 435 and 436. But Plaintiff does not state in what way Defendants’ answer is irrelevant, false, improper, or not drawn in conformity with the law.

Alternatively, Plaintiff also seeks relief under Code of Civil Procedure section 575.2, which provides for sanctions under local rules, and the Eighth Standing Order, section 12(d), which allows the court to set an Order to Show Cause for failure to participate in the Final Status Conference.

The Court has reviewed the file and considered the evidence and argument presented by Plaintiff.  On these facts, the Court finds that Plaintiff has not shown good cause for the requested relied.  As the Court has previously ruled, “If Plaintiff prepares for trial and appears, and if Defendants fail to appear for trial (after receiving proper notice), then Plaintiff may be able to proceed with an uncontested trial.” (Minute Order dated June 28, 2023.)  With our without the requested relief, Plaintiff will still need to present proof to support her claimed damages.

Accordingly, the Plaintiff’s motion to strike Defendants’ answer is denied.

Conclusion

The Court DENIES Plaintiff Mary Abramyan’s motion to strike Defendants’ answer.

Moving Party is ordered to give notice.