[TENTATIVE] ORDER RE: MOTION TO STRIKE ANSWER AND CROSS-COMPLAINT; MOTION TO DEEM RFAS ADMITTED

On June 5, 2019, plaintiff Winery Exchange, Inc. dba WX (“Plaintiff”) filed its amended complaint against defendant Statewide Beverage Company, Inc. (“Defendant”), arising from breach of contract. On July 24, 2019, after the Court granted its motion to set aside entry of a default, Defendant filed a cross-complaint answer. On December 11, 2019, defense counsel filed a motion to be relieved as counsel, which the Court granted on January 8, 2020, effective upon the filing of the proof of service of the order. Defense counsel filed proof of service of the order on January 10, 2020. Defendant apparently has not retained new counsel.

On February 21, 2020, Plaintiff filed this motion to strike Defendant’s answer and cross complaint on the grounds that Defendant lacks the ability to participate in this suit because its corporate status is suspended. In the alternative, Plaintiff seeks judgment on