Strategic Fundings Source Inc vs Santa Barbara Towing Inc
Case No: 19CV05800
Hearing Date: Wed Jan 22, 2020 9:30

Nature of Proceedings: Motion to Strike Answer

Tentative Ruling: The court denies plaintiff Strategic Funding Source, Inc.’s motion to strike answer without prejudice.

Background: On October 30, 2019, plaintiff Strategic Funding Source, Inc., filed its complaint for breach of contract against defendants Santa Barbara Towing, Inc., and Efrain Lopez. Plaintiff alleges that defendants breached a loan agreement and defendant Lopez breached a Guaranty of that Loan Agreement. On December 13, 2019, defendant Lopez filed his answer to the complaint. On December 30, 2019, the court entered the default of defendant Santa Barbara Towing.

On December 30, plaintiff filed its motion to strike the answer and served it by mail. CCP § 1005(b) requires a moving party to file and serve all moving papers at least 16 court days before the hearing. If notice is served by mail, the 16-day period is increased by five days. December 30 is the 15th court day before the hearing date of January 22, 2020 (January 1 and 20 are court holidays). To have been timely served, the motion would have to have been mailed no later than December 22, 2019.

The motion was not timely served and filed. The court denies plaintiff Strategic Funding Source, Inc.’s motion to strike answer without prejudice.