Judge: Theresa M. Traber, Case: 22STCV22831, Date: 2023-01-04 Tentative Ruling

Case Number: 22STCV22831    Hearing Date: January 4, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 4, 2023                     TRIAL DATE: NOT SET

CASE:                         Deborah Gollette, et al. v. Deborah Ketcham, et al.

CASE NO.:                 22STCV22831           

MOTION TO STRIKE ANSWER

MOVING PARTY:               Plaintiffs Deborah Gollette and Rachel Gollette

RESPONDING PARTY(S): Defendants Deborah Ketcham, individually and as trustee the Dale and Deborah Ketcham Trust; Chris Ketcham, and Dale Ketcham.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a landlord-tenant action filed on September 2, 2022. Plaintiffs, who are tenants in apartments owned by Defendants, allege that Defendants refused to repair numerous serious habitability defects on the subject premises. Plaintiffs further allege that, following Plaintiffs’ complaints and an alleged citation by the City of Bellflower, Defendants retaliated against Plaintiffs by serving an eviction notice.

Plaintiffs move to strike the unverified answer to the Complaint.

TENTATIVE RULING:

Plaintiffs move to strike the unverified answer to the Complaint.

Under Code of Civil Procedure section 472(a), a party may amend a pleading after a motion to strike under section has been filed, but before the date the motion is scheduled to be heard, so long as the amended pleading is filed and served on or before the last day to file an opposition to the motion. (Code Civ. Proc. § 472(a).) As with any other regularly noticed motion, the opposition to a motion to strike must be filed and served no later than nine court days before the date of the hearing, plus additional days for service by overnight mail, email, or US mail. (Code Civ. Proc. § 1005(b).) As this motion is set for hearing on January 4, 2023, the last day to file an opposition or amended answer was December 20, 2022 for personal service, December 16 for service by overnight mail or electronic service, and December 13 for service by US mail. (Code Civ. Proc. § 1005(b), see also § 12[computation of dates].)

Here, the Court’s records show that Defendants filed a First Amended Answer on December 2, 2022. The First Amended Answer contains a signed proof of service stating that this document was served on Plaintiffs’ counsel by e-mail that same date, well before even the earliest deadline to oppose this motion. The Amended Answer is therefore timely, and Plaintiffs’ motion is therefore moot.

Accordingly, Plaintiffs’ Motion to Strike the Answer is DENIED AS MOOT.

Moving Parties to give notice.

IT IS SO ORDERED.

Dated: January 4, 2023.                                  ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.