Davidson v. Woodland Hills Deli Market Corp., et al.

MOTION TO STRIKE

(CCP §§ 435, et seq., 92)

TENTATIVE RULING:

Plaintiff Lisa Davidson’s Motion to Strike the Answer is DENIED. DEFENDANT WOODLAND HILLS DELI MARKET CORP. IS ORDERED TO FILE AN AMENDED ANSWER THROUGH LEGAL COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Lisa Davidson (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Woodland Hills Deli Market Corporation (“Defendant”) on March 2, 2020. On May 6, 2020, Defendant filed an Answer in pro se. Plaintiff filed the instant Motion to Strike Answer on June 30, 2020. Defendant filed a substitution of attorney on September 16, 2020 and an opposition to the Motion on October 2, 2020.

The Motion to Strike is brought pursuant to Code of Civil Procedure section 436 on the grounds that Defendant, despite being a corporation, was not represented by an attorney at the time the Answer was filed. Motions to strik