AMIT GADHIA VS. CHRISTOPHER RIVIELLE ET AL

Matter on the LAW AND MOTION / DISCOVERY Calendar for Wednesday, AUG-19-2026. LINE 5. DEFENDANT CHRISTOPHER RIVIELLE's Motion For Sanctions.

Defendant and cross-complainant Christopher Rivielle brings a motion to strike paragraphs 8, 10, 55, and 56 of plaintiff and cross-defendant Amit Gadhia's Complaint, and for sanctions pursuant to Code of Civil Procedure, sections 128.5 and 128.7.

The motion to strike is denied as untimely. Rivielle has answered the complaint. A party generally waives the right to move to strike portions of a complaint by answering it. (Adohr Milk Farms, Inc. v. Love (1967) 255 Cal.App.2d 366, 371.) Even if timely, the motion to strike lacks merit. The court cannot resolve pleadings challenges based on facts outside the complaint or resolve credibility issues on a pleadings motion.

The motion for sanctions is denied. Section 128.5 permits the court to sanction a party for frivolous actions or tactics; frivolous means totally and completely without merit or for the sole purpose of harassing the opposing party. Section 128.7 permits the court to sanction a party for filing a pleading or motion with the court without factual support or that are not likely to have evidentiary support after discovery. Rivielle's motion asks the court to draw factual inferences that it does not have a statutory basis to draw at this stage of the litigation.

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