Legal Question in Civil Litigation in California

The Court may or may not sanction the party for failure to file the CMC form. I doubt that a Motion would be granted to strike their answer.

Their failure to timely file a case management conference statement is between them and the judge, and has no concern to you. The judge controls the scheduling of matters in his or her courtroom, not you.

Some judges overlook late filings, and some hand out monetary sanctions awards like they are Halloween candy. In that situation, the sanctions are paid to the court, and not you.

Mr. Selik is correct. The failure to file the CMC statement is not necessarily fatal to the other party's case. The judge might lecture the attorney or the other party for failing to comply. If the other party doesn't show up for the case management conference, the court will then examine your proof of service to make sure you gave notice to the other party of the case management conference. If notice was proper, the other party may face monetary sanctions for failing to appear and it's possible that the court might continue the CMC to a later date, or set the trial and other dates in their absence, but dates that work for you.