2013-00138220-CL-CL

MSW Capital LLC vs. Stephanie N Freeman

Nature of Proceeding:    Motion to Strike Strike Answer and Enter Default

Filed By:  Zide, Flint C.

Plaintiff’s motion to strike defendant’s answer to complaint for the latter’s failure to
comply with this Court’s previous order compelling verified responses to plaintiff’s
interrogatories is UNOPPOSED and is GRANTED, as follows.

Moving counsel is admonished because the notice of motion does not provide notice
of the Court’s tentative ruling system, as required by Local Rule 1.06, and does not
provide the correct address for Dept. 54.  Moving counsel is directed to contact
defendant and advise him/her of Local Rule 1.06 and the Court’s tentative ruling
procedure and the manner to request a hearing, along with the correct address for
Dept. 54.  If moving counsel is unable to contact defendant prior to hearing,
moving counsel is ordered to appear at the hearing in person or by telephone.

Moving counsel  is  also  admonishedagainfor failing  to comply  with CRC  Rule  3.1110
(b)(3)-(4).

The Court notes that defendant filed no opposition to the present motion, which is
construed as a concession of its merits.  Coupled with the fact that the Court
previously granted plaintiff’s motion to deem admitted those matters specified in
plaintiff’s requests for admissions and that those matters deemed admitted effectively
establish the prima facie elements of plaintiff’s claims and defendant’s lack of a viable
defense thereto, this Court concludes that the striking of defendant’s answer to
complaint will not under the circumstances here constitute a windfall to plaintiff.
Accordingly, defendant Freeman’s answer to complaint, filed 3/26/2013, shall be and
hereby is stricken.

Plaintiff may proceed with obtaining a default and a default judgment against
defendant.  Plaintiff should submit a default prove-up package to the Court’s Default
Judgment Unit.  If after reviewing the materials submitted, the Court determines that
personal testimony is required, plaintiff will be notified to set the matter on calendar.
(Local Rule 3.12(B).)

In light of the foregoing, the Court declines to impose additional monetary sanctions
against defendant.

Moving party to provide notice of this ruling and file proof of service of same no
later than 6/30/2014.