ALEXANDER XUE VS. JUNIPER CAFE, LLC

Matter on the DISCOVERY / LAW AND MOTION Calendar for Wednesday, Jun-10-2026. LINE 3. 2-PLAINTIFF ALEXANDER XUE'S MOTION TO STRIKE ANSWER to Amended COMPLAINT.

Plaintiff Alexander Xue's motion to strike portions of Juniper Café LLC's answer to the First Amended Complaint is denied. The first affirmative defense, failure to state a claim, is a recognized form of pleading. (Bracker v. American Nat. Food (1955) 133 Cal.App.2d 338, 339-340.) The eighth affirmative defense, mootness, adds facts concerning whether this action presents a live controversy. The ninth affirmative defense, that the action is frivolous and may be sanctionable under Code of Civil Procedure, sec. 128.7, is not a traditional affirmative defense, but it is not irrelevant, false, or improper within the meaning of Code of Civil Procedure, sec. 436, subdivision (a). The motion to strike is further denied as to the prayer for relief. No cross-complaint is required to seek attorneys' fees or sanctions.

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