DUNBAR vs SMITH
Order to Show Cause Re: Striking Complaint or Dismissal of Action
Motion type
Parties
Ruling
25CV123945: DUNBAR vs SMITH 09/10/2026 Order to Show Cause Re: Striking Complaint or Dismissal of Action in Department 517
Tentative Ruling - 09/01/2026 Keith Fong
The Court's Order to Show Cause, filed July 15, 2026, directed self-represented plaintiff Tirzah L. Dunbar to show cause why the complaint should not be stricken and/or the action dismissed on the grounds that the complaint fails to state facts constituting any recognized cause of action and does not comply with the pleading requirements of Code of Civil Procedure sections 425.10 and 430.10. The Order required Plaintiff, no later than August 24, 2026, to either to file a written response explaining why the complaint should not be stricken or dismissed, or to file an amended complaint curing the identified deficiencies. The Order expressly warned that a failure to timely file either a written response or an amended complaint, and/or a failure to appear at this hearing, may result in the striking of the complaint and dismissal of the action without prejudice.
As of the date of this ruling, plaintiff has filed neither a written response to the Order to Show Cause nor an amended complaint, and the deficiencies identified in the July 15, 2026 Order remain uncured.
A trial court may, at any time in its discretion, strike all or any part of a pleading not drawn or filed in conformity with the laws of this state. (Code Civ. Proc., § 436.) A complaint that fails to state facts constituting a cause of action under section 425.10 is not drawn in conformity with the laws of this state and is subject to being stricken on the court's own motion under section 436(b). (Lodi v. Lodi, 173 Cal. App. 3d 628, 630-631.) Where the plaintiff has neither sought leave to amend nor shown any prospect of curing the pleading by amendment, striking and dismissal of the complaint on the court's own motion is proper. (Ibid.)
Plaintiff has received notice of the specific grounds and the specific consequence striking and dismissal and, through the July 15, 2026 Order and this hearing, a full opportunity to be heard, satisfying the due process prerequisites to dismissal. (Reid v. Balter (1993) 14 Cal.App.4th 1186, 1193.)
Tentative ruling: The Court STRIKES the complaint and DISMISSES the action WITHOUT PREJUDICE based on plaintiff's failure to comply with the July 15, 2026 Order to Show Cause and the continuing failure of the complaint to state facts constituting a cause of action.
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