2017-00224634-CU-BT

Snoke Seefeldt & Ramirez Insurance vs. Marjorie Snoke

Nature of Proceeding: Motion to Strike Pleadings

Filed By: Folsom, Monica Hans

Defendant Garth Covert’s Motion to Strike Pleadings is unopposed and is GRANTED.

Defendant Covert moves to strike, as to himself, the (1) Verified Answer to Plaintiff’s Verified First Amended Complaint, and (2) the Opposition to Plaintiff’s Application for Right to Attach Order and Writ of Attachment or, in the alternative, a Temporary Protective Order. Plaintiff avers that he was entirely unaware of this lawsuit and denies that he was ever served with operative First Amended Complaint or any other pleading or document in this lawsuit until he received two deposition notices. Upon further inquiry, he learned that co-Defendant Marjorie Snoke (aka Marjorie Covert) had forged his name on these pleadings. According to moving Defendant, on June 22, 2018, at the schedule hearing regarding the writ of attachment, Ms. Snoke admitted to the forgeries.

Code of Civil Procedure section 436 authorizes filing a motion to strike “any irrelevant, false or improper matter inserted in any pleading.” (Code Civ. Proc. § 436(a).) It also may be used to “strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state.” (Code Civ. Proc. § 436(b).)

Here, there is no question that a pleading containing a forged signature of a party is not drawn or filed in conformity with the laws of California. Further, the Court concludes that permitting Defendant Covert to file his own pleadings is in the interests of justice and due process.

For the foregoing reasons, the Court GRANTS the motion and orders the Clerk to strike ROA 10 and ROA 21 from the Court’s record.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.