Legal Question in Civil Litigation in California

If a defendant corporation is suspended within 60 days before trial, can the the plaintiff file a motion to strike the answer of the defendant corporation who can't within the time frame revive the corporation and, will the court be inclined to grant the motion to strike.


Asked on 12/20/10, 1:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

When the corportion filed its answer it was a legal corporation, so why would the judge give you judgment on that? When they filed their answer they acted correctly. Whether they act properly at trial is to be decided by the jury itself.

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Answered on 12/25/10, 4:56 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Instead of waiting until trial, my strategy would be to file one or more motions that would require them to respond (they can't). A motion to strike the answer wouldn't do, because as Mr. Shers said, they were active as a corporation when they answered.

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Answered on 12/25/10, 5:12 pm


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