Summary
The document contains findings and recommendations on Sonia Sayyedalhosseini’s motion to strike portions of Los Rios Community College District’s answer in a Title VII retaliation action. The magistrate judge recommends granting the motion in part by striking the unclean-hands defense and deeming several other defenses withdrawn, while denying the motion in all other respects. The recommendations were issued for review by the assigned district judge.
Holdings
- A motion to strike is not an appropriate vehicle for resolving the evidentiary weight, credibility, factual disputes, or merits of challenged allegations and defenses; those issues should generally be left for adjudication on the merits.
- An affirmative defense need only give the opposing party fair notice of the defense; a defense should not be stricken merely because its legal or factual correctness is disputed or because it may ultimately fail.
- The unclean-hands defense should be stricken because it failed to identify the factual basis on which it rested.
- The defenses asserting legitimate reasons for the employment decision and that the decision would have occurred absent retaliatory motive were sufficiently pleaded and should not be stricken.
- The jury demand should not be stricken because any party may demand a jury trial under the Federal Rules of Civil Procedure.
Questions Presented
- Whether portions of defendant's answer denying the accuracy, credibility, or probative value of an EEOC determination should be stricken.
- Whether defendant's denials, asserted nonretaliatory reasons for termination, and characterization of the claims as limited to a particular EEOC charge should be stricken.
- Whether defendant's affirmative defenses should be stricken under Federal Rule of Civil Procedure 12(f) for insufficient notice or other pleading defects.
- Whether defendant's jury demand and prayer for relief should be stricken.
Disposition
other
Cases Cited (11)
- Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970, 973 (9th Cir. 2010)(followed)
- Fantasy, Inc. v. Fogerty, 984 F.2d 1524, 1527 (9th Cir. 1993)(followed)
- Champlaie v. BAC Home Loans Servicing, LP, 706 F. Supp. 2d 1029, 1039 (E.D. Cal. 2009)(followed)
- Wyshak v. City National Bank, 607 F.2d 824, 827 (9th Cir. 1979)(followed)
- Board of Trustees of the San Diego Electric Pension Trust v. Bigley Electric, Inc., No. 07-CV-634-IEG (LSP), 2007 U.S. Dist. LEXIS 50892, at *7 (S.D. Cal. July 12, 2007)(followed)
- Xu v. City of Los Angeles, No. 2:23-cv-01575-FLA (SP), 2023 U.S. Dist. LEXIS 212828, at *4 (C.D. Cal. Oct. 18, 2023)(followed)
- Jarrow Formulas, Inc. v. Nutrition Now, Inc., 304 F.3d 829, 835 (9th Cir. 2002)(followed)
- University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338, 360 (2013)(followed)
- Murphy v. Trader Joe's, No. 16-cv-02222-SI, 2017 U.S. Dist. LEXIS 7754, at *7-8 (N.D. Cal. Jan. 19, 2017)(followed)
- Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998)(followed)
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