Motion to Strike Complaint
Superior Court of the State of California County of Orange TENTATIVE RULINGS FOR C61 HON. JENNIFER M. MCCARTNEY
Date: 6/23/2026 Courtroom Rules and Notices
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# Case Name Tentative 8 30-2026-01567697 The Court has read and considered the Defendants' Motion to Strike Kelly v. Solomonian Complaint (ROA 36), Declarations in Support of the Motion (ROA 19, 21, 25, 27, 30 & 32) the Complaint (ROA 2) Plaintiff’s Opposition (ROA 40) and Defendant’s Reply to Opposition (ROA 42).
The Court takes Judicial Notice of the Proof of Service of Summons (ROA 13, 15 & 17).
California Civil Code § 827
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The Court DENIES the Motion to Strike Complaint.
California Code of Civil Procedure §435(b)(1) requires a motion to strike to be filed within the 10 business days of service of the summons and complaint. Under California Code of Civil Procedure §1014, a motion to strike is an appearance with the court; the Defendants are precluded from filing a motion to quash service following the filing of a Motion to Strike. Furthermore, California Code of Civil Procedure §435(d) does not extend time to file a demurrer. Therefore, because it has been well past the 10 business days following service of the Summons and Complaint on May 23, 2026, the Defendants are ordered to file an Answer within 5 business days.
Plaintiff is ordered to serve notice of the Court’s ruling.
9 30-2026-01562039 This is an evidentiary hearing. Liwe Shen As Trustee of the Shen Trust v. Espinosa