2017-00223853-CU-UD

Lockdown Brewing Company, LLC vs. Michael Frenn

Nature of Proceeding: Motion to Strike

Filed By: Byers, Stephen J.

If oral argument is requested, it shall be heard at the end of the D. 53 2:00pm calendar on Monday, February 26, 2018.

Defendants’ Motion to Strike the Entire Plaintiff’s Complaint is unopposed and is GRANTED, with leave to amend.

Plaintiff’s failure to oppose is taken as a concession to the merits, on the grounds set forth in the moving papers. Defendants represent that the Complaint served on Old Hangtown’s Agent for Service of Process contains substantial differences from the Complaint on file with the Court. Plaintiff failed to properly verify the Complaint as required by Code of Civil Procedure section 1166(a)(1). Plaintiff’s attorney failed to sign the Complaint as required by Code of Civil Procedure section 446(a).

A motion to strike is appropriate to strike out any irrelevant, false, or improper matter, or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. Code Civil Procedure sections 435, 436, California Rules of Court, Rule 3.1322.

Plaintiff may have leave to file and serve a verified First Amended Complaint not later than Monday, March 5, 2018. The responsive pleading shall be due filed and served 30 days thereafter (35 days if service is by mail).