Security National Insurance Company v. Modern Floor Specialists Inc., et al.

party to give notice.

DISCUSSION: In its order of June 23, 2026, the Court continued the matter to this date for Plaintiff to provide an accounting of what Defendant paid to Plaintiff to satisfy the judgment. The Court ordered Plaintiff to file this briefing by September 2, 2026. (June 23, 2026 Minute Order.) Plaintiff failed to do so. As such, Plaintiff fails to show that any amount remains outstanding on the judgment, despite the opportunity to do so. Accordingly, the motion to compel satisfaction of judgment is GRANTED. Moving party to give notice. IT IS SO ORDERED. Dated: September 16, 2026 ___________________________________ Rolf M. Treu Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at SMCDept415@lacourt.ca.gov by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.

Judge Rolf M. Treu, Department 415 HEARING DATE: September 16 2026 TRIAL DATE: April 6, 2027 CASE: Security National Insurance Company v. Modern Floor Specialists Inc., et al. CASE NO.: 24STCV15891 MOTION TO STRIKE PLEADINGS MOVING PARTY/PARTIES: Plaintiff and Cross-Defendant Security National Insurance Company RESPONDING PARTY/PARTIES: None PROOF OF SERVICE: · Correct Address: Yes

· Served electronically on March 30, 2026 for September 16, 2026 hearing date

CASE HISTORY: · June 25, 2024: Complaint filed. · April 28, 2025: Defendant's operative first amended answer filed. · September 12, 2025: Defendant's cross-complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff and Cross-Defendant Security National Insurance Company ("Plaintiff") moves to strike the operative first amended answer and cross-complaint of Defendant Modern Floor Specialists, Inc. ("Defendant"). Defendant has not opposed the motion.

TENTATIVE RULING: Plaintiff's motion to strike Defendant's pleadings is GRANTED. Moving party to give notice.

DISCUSSION: Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., Sec. 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the Court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the Court. (Code Civ. Proc., Sec. 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.)

Defendant is a suspended corporation. "The suspension of the corporate powers, rights, and privileges means a suspended corporation cannot sue or defend a lawsuit while its taxes remain unpaid." (Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2006) 136 Cal.App.4th 212, 217-218.) As such, Defendant cannot defend this action, nor can it maintain its cross-claims. As such, Plaintiff's motion to strike Defendant's pleadings is GRANTED. Moving party to give notice. IT IS SO ORDERED. Dated: September 16, 2026 ___________________________________ Rolf M. Treu Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at SMCDept415@lacourt.ca.gov by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part. | Home -->)" -->