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

 

SANDRA HARMON,

                    Plaintiff(s),

          vs.

 

JESUS DIAZ, et al.,

 

                    Defendant(s).

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     CASE NO.:  23AHCV01446

 

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

 

Dept. 3

8:30 a.m.

April 29, 2024

 

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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 29th day of April, 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.