IT IS SO ORDERED

IT IS SO ORDERED

BACKGROUND

            This is an action brought by Plaintiff Petersen-Dean Inc. (“Plaintiff”), against Defendant Jennifer Marshall (“Defendant”), regarding nonpayment for the installation of solar panels done at 1328 Abraham Terrace, Harbor City, California 90710.  Plaintiff alleges eight causes of action including (1) foreclosure of mechanic’s lien; (2) breach of written contract; (3) common counts; (4) account stated; (5) open book account; (6) quantum meruit; (7) violation of prompt payment statute; and (8) declaratory relief.

ANALYSIS

Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP 435(b). The Court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false or improper matter asserted in any pleading; (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the Court." (CCP 436.) The Court's authority to strike improper pleadings includes the power to strike those pleadings that are "not filed in conformity with its prior ruling." (Janis v. California State Lottery Com(1998) 68 Cal.App.4th 824, 829.)  A plaintiff has only 10 after service of an answer to file a demurrer or motion to strike the answer.  (CCP 435(b) and CRC 3.1322(b).)

            As set forth in the moving papers, Defendant has filed multiple responses to Plaintiff’s Complaint: a Motion to Strike on January 22, 2018; an Answer on April 23, 2018; a First Amended Answer on April 27, 2018; a Second Amended Answer on May 4, 2018; and a Third Amended Answer on May 7, 2018.  Since plaintiff did not file this Motion to Strike that Third Amended Answer until July 3, 2018, the Court DENIES Plaintiff’s motion to strike as untimely.

            IT IS SO ORDERED.