THE GREEN LAW GROUP, LLP vs. COLE MOSCATEL, et al.
motion to strike Defendant's answer
Motion type
Causes of action
Parties
Ruling
633-0517.
Court of California County of Los Angeles DEPARTMENT 17
THE GREEN LAW GROUP, LLP vs. COLE MOSCATEL, et al. | Case No.: 25STCV32939 Hearing Date: September 1, 2026 | Plaintiff's motion to strike Defendant's answer is GRANTED. On 11/12/2025, Plaintiff the Green Law Group, LLC (Plaintiff) filed suit against Defendant Cole Moscatel and 9000 Arlington Ave, LLC (collectively, Defendants) alleging: (1) breach of contract; (2) open book account; (3) account stated; and (4) quantum meruit. On 4/30/2026, Plaintiff moved to strike Defendant 9000 Arlington Ave, LLC (Defendant)'s answer. The motion is unopposed.
Discussion
Plaintiff moves to strike Defendant's answer as 9000 Arlington Ave, LLC is a limited liability company, a legal entity, operating within the State of California and is recognized as such per the California Secretary of State website. A legal entity, such as a corporation or a limited liability company, cannot represent itself in court, either in propria personal or through an officer or agent who is not an attorney." (Vann v. Shilleh, (1975) 54 Cal.App.3d 192, 199, as referenced in Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729.) The Court agrees that Defendant's answer must be stricken, as it cannot self-represent in this action. Based on the foregoing, Plaintiff's motion to strike Defendant's answer is granted. It is so ordered. Dated: September, 2026 Hon. Jon R. Takasugi Judge of the
Superior Court Parties who intend to submit on this tentative must send an email to the court at [email protected] by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213) 633-0517. | Home -->)" -->
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