2015-00184048-CU-PO

Marcus Gurion vs. Gramercy Healthcare, LLC

Nature of Proceeding: Motion to Strike Portions of Plaintiffs’ Second Amended Complaint

Filed By: Patterson, Jay C.

This matter is DROPPED from calendar, as follows.

In advance of two hearings on 11/14/2017, this Court issued two tentative rulings in this matter. The first overruled defendants’ demurrer to the second amended complaint and directed defendants to file their answer no later than 11/30/2017. The second denied defendants’ motion to strike portions of the second amended complaint, although the body of that ruling inadvertently stated the motion to strike is “denied, without prejudice.” (Underline added for emphasis.) Both tentative rulings were affirmed when no oral argument was requested.

On 11/30/2017, the date on which defendants were to file their answer, the defendants’ actually filed another motion to strike portions of the second amended apparently based on the inadvertent inclusion of the aforementioned language “without prejudice.”

As Code of Civil Procedure §435(b)(1) provides specific time limitations within which a motion to strike may be brought and the ruling on defendants’ demurrer specifically directed them to file their answer no later than 11/30/2017, the “without prejudice” language found in the body of the tentative ruling on the motion to strike was an oversight. This is confirmed by the opening sentence of the ruling which plainly states that defendants’ motion to strike is “denied.”

Accordingly, the present motion to strike the second amended complaint was not filed in conformity with the time limits specified in Code of Civil Procedure §435(b)(1) and is therefore dropped from calendar.