Chartwell Staffing Services Inc. v. Jaemar, Inc.

Good Law
United States District Court, Southern District of CaliforniaOctober 24, 20233:23-cv-01382California1,742 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 On July 28, 2023, Plaintiff Chartwell filed a Complaint for Breach of Written 25 Contract and Common Count. (See generally Doc. No. 1.) Defendant Jaemar answered the 26 Complaint on August 30, 2023, raising eight affirmative defenses. (See generally Doc. No. 27 5.) The instant motion followed on September 20, 2023. (Doc. No. 9.) 28 II. LEGAL STANDARD Federal Rule of Civil Procedure 12(f) provides that a court “may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed. R. Civ. P. 12(f). “The function of a [Rule] 12(f) motion to strike is to avoid the expenditure of time and money that must arise from litigating spurious issues by dispensing with those issues prior to trial . . . .” Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970, 973 (9th Cir. 2010) (quoting Fantasy, Inc. v. Fogerty, 984 F.2d 1524, 1527 (9th Cir. 1993), rev’d on other grounds, 510 U.S. 517 (1994)). “Motions to strike are ‘generally disfavored because they are often used as delaying tactics and because of the limited importance of pleadings in federal practice.’” Cortina v. Goya Foods,…

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