Myah A. Joiner v. Whiz Kids Day Care, Inc. (2013)

RULING ON MOTION TO STRIKE NO. 114 AND OBJECTION NO. 115

Practice Book § 10–41 provides, “Each motion to strike raising any of the claims of legal insufficiency enumerated in the preceding sections shall separately set forth each such claim of insufficiency and shall distinctly specify the reason or reasons for each such claimed insufficiency.”

Practice Book § 10–42 provides, “(a) Each motion to strike must be accompanied by an appropriate memorandum of law citing the legal authorities upon which the motion relies ․”

“Our Supreme Court has stated that a motion to strike that does not specify the grounds of insufficiency is fatally defective ․ and that Practice Book § [10–42], which requires a motion to strike to be accompanied by an appropriate memorandum of law citing the legal authorities upon which the motion relies, does not dispense with the requirement of [Practice Book § 10–41] that the reasons for the claimed pleading deficiency be specified in the motion itself.”  (Internal quotation marks omitted.)  Barasso v. Rear Still Hill Road, LLC, 64 Conn.App. 9, 13–14, 779 A.2d 198 (2001).

The defendant has failed to comply with the aforementioned mandatory requirements.   Accordingly, the motion to strike is denied.

SO ORDERED.

BY THE COURT

PETER EMMETT WIESE, JUDGE

Wiese, Peter E., J.