Plaintiff Trinidad Hicks’s motion to strike Defendant Daijanae Cordell McCoy’s answer is DENIED.
Background
Plaintiff filed the Complaint in this action on February 8, 2016. Defendant filed an Answer on August 18, 2016.
Plaintiff filed this Motion to Strike Answer on August 17, 2017.
Discussion
Plaintiff moves to strike Defendant’s Answer based on Defendant’s failure to appear for trial on August 8, 2017. Plaintiff argues that striking the pleading is appropriate under Code of Civil Procedure § 581(b)(5) and (l).
Those provisions do not allow striking a pleading as relief for a defendant’s failure to appear at trial. Section 581(b) provides for times when “[a]n action may be dismissed,” and subdivision (5) states that an action may be dismissed “[b]y the court, without prejudice, when either party fails to appear on the trial and the other party appears and asks for dismissal.” Section 581(l) likewise states: “The court may dismiss, without prejudice, the complaint in whole, or a
Type
AUTO (Limited Jurisdiction)
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Plaintiff Trinidad Hicks’s motion to strike Defendant Daijanae Cordell McCoy’s answer is DENIED.
Background
Plaintiff filed the Complaint in this action on February 8, 2016. Defendant filed an Answer on August 18, 2016.
Plaintiff filed this Motion to Strike Answer on August 17, 2017.
Discussion
Plaintiff moves to strike Defendant’s Answer based on Defendant’s failure to appear for trial on August 8, 2017. Plaintiff argues that striking the pleading is appropriate under Code of Civil Procedure § 581(b)(5) and (l).
Those provisions do not allow striking a pleading as relief for a defendant’s failure to appear at trial. Section 581(b) provides for times when “[a]n action may be dismissed,” and subdivision (5) states that an action may be dismissed “[b]y the court, without prejudice, when either party fails to appear on the trial and the other party appears and asks for dismissal.” Section 581(l) likewise states: “The court may dismiss, without prejudice, the complaint in whole, or a