Gouche v. Perez, et al

Defendant Ramiro Perez’s Motion to Strike the Complaint is continued to July 9, 2019 at 8:30 am in Department 94.

Discussion

Plaintiff Victor Gouche (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Ramiro Perez (“Defendant”) on June 12, 2018. Defendant’s demurrer to the Complaint was placed off calendar on March 19, 2019. On the same date, Defendant filed the instant motion to strike the entire Complaint. Plaintiff filed his opposition on March 27, 2019.

The motion is brought pursuant to Code of Civil Procedure section 435 and 436, which authorize a party’s motion to strike matter from an opposing party’s pleading if it is irrelevant, false, or improper. (Code Civ. Proc., §§ 435; 436, subd. (a).) Motions to strike may also target pleadings or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or orders. (Code Civ. Proc., § 436, subd. (b).) A motion to strike is used t