HOUSING AUTHORITY OF THE CITY AND COUNTY OF SAN VS. NAN MCKAY & ASSOCIATES, INC. A CALIFORNIA ET AL

Matter on the Law & Motion / Discovery calendar for Monday, September 29, 2025, Line 6. 2 - PLAINTIFF HOUSING AUTHORITY OF THE CITY AND COUNTY OF SAN FRANCISCO's MOTION TO STRIKE 1ST Amended CROSS COMPLAINT.

The Housing Authority of the City and County of San Francisco's motion to strike specified material from Nan McKay and Associates, Inc.'s first amended cross-complaint (FACC) is denied. Code of Civil Procedure, section 436, subdivision (a), permits the court to strike "irrelevant, false, or improper matter inserted in any pleading." But because pleadings are liberally construed (id., section 452), courts exercise this power sparingly and generally strike material only that is blatantly false or irrelevant to the case at hand. (See PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1683.)

The court has reviewed each of the words and phrases that the Housing Authority seeks to strike and is satisfied that a motion to strike does not lie. The challenged material is only irrelevant or improper if the court adopts the Housing Authority's view of the contract between the parties, and the scope of the obligations imposed by the contract, which is contrary to the court's obligation to construe the pleading liberally.

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