Motion to Be Relieved as Counsel
Second, under subdivision (b), a party may seek to strike a pleading that is “not in conformity” with the law. “While this language might be broadly construed to reach any deficiency in a pleading, including substantive ones, that is not its purpose or effect. Rather it authorizes the striking of a pleading due to improprieties in its form or in the procedures pursuant to which it was filed. This provision is commonly invoked to challenge pleadings filed in violation of a deadline, court order, or requirement of prior leave of court.” (Ferraro, supra, 161 Cal.App.4th at p. 528.) Respondent’s motion to strike is not based on improprieties in form or procedures.
Finally, use of motions to strike “should be cautious and sparing.” (PH III Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682-1683.)
The motion to strike is DENIED.
Petitioner is directed to give notice.
7 Watton – Trust; 30-2023-01325567 Motion to Be Relieved as Counsel
Messina & Hankin, LLP’s Motion to Be Relieved as Counsel for Stephen Watton (ROA 176) is GRANTED.
The court will sign the Proposed Order. Moving counsel is ORDERED to give notice to all parties to this action and file proof of service of the court’s order as entered. Withdrawal will be effective upon filing of proof of service of the order.
8 Anderson/Callahan – Trust; 30-2024-01389721 Motion for Summary Judgment
At the request of Mr. Anderson, the Motion for Summary Judgment set for 8/5/2026 and 8/19/2026 at 9:00 AM in Department
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