NAVY FEDERAL CREDIT UNION v. DANET E. JENKINS WILLIAMS
Plaintiff’s Motion to Strike Answer
Motion type
Parties
Ruling
Case No. CL24-02428
Plaintiff’s Motion to Strike Answer
Plaintiff NAVY FEDERAL CREDIT UNION’s motion to strike Defendant DANET E. JENKINS WILLIAMS’s answer is denied as untimely. A motion to strike must be filed within the time allowed to respond to a pleading and a demurrer to an answer must be filed within ten days of service of the answer, so a motion to strike an answer must be filed within ten days of service of the answer. (Code Civ. Proc., §§ 430.40, subd. (b), 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322, subd. (b).) Defendant’s answer was served on Plaintiff by mail on May 15, 2024. Plaintiff’s motion was filed on August 20, 2025, more than ten days later.
Sanctions for discovery abuse are properly sought by a noticed motion following the requirements of Code of Civil Procedure section 2023.030.
CITIBANK, N.A. v. ELIZABETH MULLEN
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