Judge: William A. Crowfoot, Case: 23AHCV01446, Date: 2024-04-29 Tentative Ruling
Case Number: 23AHCV01446 Hearing Date: April 29, 2024 Dept: 3
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - NORTHEAST
DISTRICT
Plaintiff(s), vs. Defendant(s). |
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[TENTATIVE]
ORDER RE: Dept.
3 8:30
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On June 27, 2023, plaintiff Sandra
Harmon (“Plaintiff”) filed this action against defendants Jesus Diaz, LBPM, and
Jade Gardens LLC. On February 8, 2024, defendants Jesus Diaz and Jade Gardens
LLC (collectively, “Defendants”) filed an answer which consisted of a general
denial and several affirmative defenses.
On March 14, 2024, Plaintiff filed this
motion to strike the answer in its entirety or the general denial. The motion
is unopposed.
Code of Civil Procedure section
431.30(d) provides, in relevant part: “If the complaint is verified. . ., the
denial of the allegations shall be made positively or according to the
information and belief of the defendant.” Also, Code of Civil Procedure section
446(a) provides, “When the complaint is verified, the answer shall be verified.
(Code Civ. Proc., § 446, subd. (a).)
Plaintiff’s complaint is a verified
complaint and Defendants’ answer is unverified and includes an impermissible
general denial. Accordingly, the unopposed motion to strike the answer in its
entirety is GRANTED with 20 days’ leave to amend.
Dated
this
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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.