PLT - Herbert W Sutton Motion to Strike Answer
Plaintiff Herbert W. Sutton seeks an order striking the general denial (page 2, lines 5-14) from the verified amended answer filed on 3/1/2019 by defendants Sharlene A. Liebengood and Nancy J. Christensen, individually and as Co-Trustees of The Betty L. Sutton Irrevocable Trust, dated May 1, 2004. In the alternative, Plaintiff seeks an order striking the specific denials and admissions (page 2, line 16 to page 18, line 4) from the verified amended answer.
Defendants did not oppose striking the general denial provided leave was granted to amend the answer to include a general denial with revised language.
Because Plaintiff’s TAC is verified, Defendants’ “denial of the allegations shall be made positively or according to the information and belief of the defendant.” Code Civ. Proc., § 431.30(d). “A general denial is not appropriate in a verified answer.” City of Hollister v. Monterey Ins. Co. (2008) 165 Cal.App.4th 455, 476, fn. 19.
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