STEPHEN MASSEY VS. PURPLE STAR MD ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, July 08, 2026, Line 12.

2 - Defendant Stephen Massey's Motion to Strike is DENIED. The court overrules Defendants' timeliness objection to this motion since they responded on the merits. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 ["It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion. [Citations.] This rule applies even when no notice was given at all."].)

A party may move to strike under Code of Civil Procedure section 436 "any irrelevant, false, or improper matter inserted in any pleading" or "all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. 452.)

The court finds Plaintiff has failed to identify specific irrelevant, false, or improper matter that should be stricken or any specific part of Defendants' pleading not drawn or filed in conformity with the law. Plaintiff refers to general categories of information and fails to give the court enough information to identify specific information and determine whether it violates section 436's standards. Any objections to the evidence submitted in support of the motion should have been submitted with the opposition. Accordingly, the motion is denied.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |