Judge: William A. Crowfoot, Case: 23AHCV01828, Date: 2024-01-31 Tentative Ruling

Case Number: 23AHCV01828    Hearing Date: February 26, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

NORA GIRALT,

                   Plaintiff(s),

          vs.

 

NORMA PEREZ, et al.,

 

                   Defendant(s).

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     CASE NO.:  23ahcv01828

 

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S FIRST AMENDED ANSWER

 

Dept. 3

8:30 a.m.

February 26, 2024

 

 

 

 

          On January 16, 2024, plaintiff Nora Giralt (“Plaintiff”) filed this motion to strike the amended responsive pleading filed by defendant Norma Perez (“Defendant”) on December 29, 2023, which was titled “First Amendment-Answer to Complaint-Denials and Objections to Pleadings CCP Section § 430.5”" (the “First Amended Answer”). Plaintiff moves to strike the First Amended Answer on the grounds that Defendant failed to seek leave before filing the pleading.

          As noted in the Court’s minute order issued on January 31, 2024, the First Amended Answer is timely because Code of Civil Procedure section 472(a) provides that “[a] party may amend its pleading once without leave of the court at any time . . . after a . . . motion to strike is filed but before the . . . motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the . . . motion to strike.” (Code Civ. Proc., § 472, subd. (a).) Therefore, Plaintiff’s contention that Defendant needed leave of court to amend her answer is incorrect. Accordingly, Plaintiff’s motion to strike is DENIED.

         

Dated this 26th day of February, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that 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 matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.