Pertz
Pertz v. Heartland Realty Investors, Inc.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 SARAH PERTZ, Case No. 19-cv-06330-CRB
Plaintiff,
ORDER STRIKING AFFIRMATIVE
v. DEFENSES
HEARTLAND REALTY INVESTORS, INC., et al., 12 Defendants. 13 Heartland Realty Investors’ and Heartland Santa Rosa Limited Partnership’s (collectively, 14 “Heartland”) Answer (dkt. 11) to Sarah Pertz’s Complaint (dkt. 1) asserts thirty-two affirmative 15 defenses. All thirty-two are devoid of factual support, and many are not affirmative defenses at 16 all. Pertz’s motion to strike Heartland’s affirmative defenses is therefore granted. Heartland may 17 amend its Answer to attempt to salvage any defenses struck without prejudice. The Court finds 18 this matter suitable for resolution without oral argument, pursuant to Civil Local Rule 7- 19 1(b), and therefore vacates the hearing currently set for Friday, January 17, 2020.
I. LEGAL STANDARD
21 A party must “affirmatively state any avoidance or affirmative defense.” Fed. R. 22 Civ. P. 8(c). “Affirmative defenses plead matters…