| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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MOTION TO STRIKE Amended ANSWER to Amended COMPLAINT
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24615358 - October 2, 2025 Hearing date: October 2, 2025 Case number: CGC24615358 Case title: GENOA MARTELL VS. CONTEXTLOGIC, INC. (DBA "WISH)", A CORPORATION ET AL Case Number: | | CGC24615358 | Case Title: | | GENOA MARTELL VS. CONTEXTLOGIC, INC. (DBA "WISH)", A CORPORATION ET AL | Court Date: | | 2025-10-02 09:00 AM | Calendar Matter: | | MOTION TO STRIKE Amended ANSWER to Amended COMPLAINT | Rulings: | | On the Law and Motion / Discovery calendar for October 2, 2025, line 3. PLAINTIFF GENOA MARTELL'S MOTION TO STRIKE Amended ANSWER to Amended COMPLAINT.
Plaintiff's motion to strike the amended answer is OFF CALENDAR.
A party moving to strike a pleading or a part of a pleading must meet and confer with the party who filed the pleading "[b]efore filing [the] motion." (Code of Civil Procedure section 435.5(a).) The meeting must be "in person, by telephone or by video conference." (Ibid.) The meeting must take place at least five days before the date the motion must be filed. (Code of Civil Procedure section 435.5(a)(2.) The moving party must file a declaration with its moving papers demonstrating compliance with these requirements and/or that the opposing party failed to confer in good faith. (Code of Civil Procedure section 435.5(3).)
Here, Plaintiff failed to demonstrate she met her meet and confer obligation. On 8/25/25, Defendant filed its answer. On 8/26/25, Plaintiff sent a meet and confer letter, and she admits that no substantive meet and confer occurred. (Martell Decl., par. 4.) Despite the failure to meet and confer, Plaintiff filed this motion on 8/29/25. Moreover, on 8/29/25, Defendant filed an amended answer and there was no meet and confer regarding that operative pleading. Section 435.5(a) is clear: "If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion to strike the amended pleading."
Plaintiff's reply notes subsequent written communications between the parties after Plaintiff filed the motion. Those meet and confer efforts are insufficient. Section 435.5(a) requires parties to meet and confer "[b]efore filing a motion to strike" and the parties must do so "in person, by telephone, or by video conference." The parties are ordered to comply with the code.
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