If the plaintiff fails to obey the order to correct the flaws within 14 days (or other time the court sets), the court must strike the complaint?

• A. True
• B. False
• C. The court will award damages
• D. The court will dismiss with prejudice

Answer: (B)

The key idea is that sanctions for failing to cure pleading defects are discretionary, not automatic. If the plaintiff doesn’t fix the flaws within the time the court sets, the judge can sanction under applicable rules (often by dismissing the action for failure to comply with a court order or for failure to prosecute), and that dismissal may be with or without prejudice depending on the circumstances. Striking the entire complaint is not mandatory law; the court has several possible responses and will choose based on the situation. Damages aren’t the remedy for pleading defects, and while dismissal with prejudice is a possible outcome, it’s not guaranteed, nor is striking the complaint the required action.