Plaintiff's Motion to Strike Defendant's Answer
a matter of law. (Bus. & Prof. Code Sec. 17538.5). To the extent that Ms. Parker is the object of this motion, due process is implicated.
The Court finds that Defendant's motion does not comply with the statutory mandate requiring motions for sanctions such as this to be made separately.(Civ. Proc. Code Sec.Sec. 128.7(c) (1) and Civ. Proc. Code 128.5 (f)(1)(A)).
As to the safe harbor requirement, the record shows that the safe harbor requirement was not met. While the alleged statement is claimed to have been was made in open court as opposed to a pleading or a written document, to the extent that corrective action was still possible, the safe harbor requirement may arguably be applicable. (CPF Vaseo Assocs., LLC v. Gray, (2018) 29 Cal. App. 5th 997 and at 1006).
Based on these procedural deficiencies, the court declines to reach the merits of the motion. Accordingly, Defendant's motion is denied without prejudice. Defendant shall submit a Proposed Order that conforms with the Court's ruling in five court days.
CV-25-008918 - STONE, CLINTON LEE vs STONE, PAUL RUSSELL - Plaintiff's Motion to Strike Defendant's Answer - GRANTED, unopposed.
Defendant's Answer filed hereto is not verified. "When the complaint is verified, the answer shall be verified." (Civ. Proc. Code Sec. 446). The allegations of a verified complaint are admitted by a failure to deny them in an Answer, a general denial being insufficient to put them in issue. (Hirons v. Clare, (1918) 38 Cal. App. 608, 1770). Therefore, it is not error to strike out from an answer a general denial to a verified cross-complaint. (Kinard v. Kaelin, (1913) 22 Cal. App. 383).
A proper objection where a party fails to verify a pleading is a motion to strike, which may be made only upon timely notice and provide for hearing and extension of time to answer.”(Perlman v. Municipal Court for Los Angeles Judicial Dist. of Los Angeles County (1979) 99 Cal. App. 3d 568).
In view of Defendant's unverified Answer containing a general denial to Plaintiff's verified Complaint, good cause exists to strike Defendant's Unverified Answer. Accordingly, Defendant's Answer herein is hereby stricken. Plaintiff shall submit a Proposed Order that conforms to the Court's ruling within five court days.
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The following is the tentative rulings for a case calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: UD-26-000387 - GONZALEZ, HONORATO vs TEP, SANITH - Defendant's Motion for Judgment on the Pleadings - HEARING REQUIRED.