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20CV-02472·merced·Civil·Civil
Hearing about 2 months agoGRANTED WITH LEAVE TO AMEND

Ramiro Ramos vs Javier Zambrano et al.

Motion to Strike Cross Complaint

Hearing date
Jul 13, 2026
Department
8
Prevailing
Moving Party

Motion type

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Parties

PlaintiffRamiro Ramos
DefendantJavier Zambrano
Cross-ComplainantAll Seasons Mechanical, Inc.

Ruling

20CV-02472 Ramiro Ramos vs Javier Zambrano et al.

Motion to Strike Cross Complaint

The motion to strike the cross-complaint filed by Cross-Complainant All Seasons Mechanical, Inc., is GRANTED WITH LEAVE TO AMEND.

Code of Civil Procedure section 436, subdivision (b) allows the court to strike any pleading not drawn or filed in conformity with the laws of this state. (Code. Civ. Proc. § 436, subd. (b).)

Other than small claims, a corporation is unable to represent itself in court and must be represented by an attorney. Here, All Seasons Mechanical, Inc., has been without representation since its attorney of record was relieved as counsel on March 8, 2024, which became effective on April 15, 2024.

As All Seasons Mechanical, Inc., is no longer represented by counsel, the crosscomplaint is no longer maintained in conformity with the laws of this state.

Accordingly, the motion to strike is granted. As this may be cured by All Seasons Mechanical, Inc. obtaining counsel, the motion is granted with leave to amend.

Cross-Complainant All Seasons Mechanical, Inc. is to obtain counsel and file proof of representation within thirty (30) days of this court’s order.

Failure to obtain counsel and provide proof of representation within thirty (30) days of this court’s order may result in the cross-complaint being stricken without leave to amend.

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