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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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MOTION TO DISMISS CROSS-COMPLAINT And ORDER TO SHOW CAUSE

Customer Question

MOTION TO DISMISS CROSS-COMPLAINT
And ORDER TO SHOW CAUSE


Order to show cause why cross-complainant has allowed the Ghostwriting of XXXXX XXXXX Coker when preparing the answer to the original complaint as well as the production of cross-complaint without asking him substitute himself into the case.
Cross-defendants allege this action to be unjust and oppressive as XXXXX XXXXX Coker has already in the past falsely accused and reported cross-defendants to the District Attorney for criminal activity without being able to provide proof a his false accusations. Mr. XXXXX XXXXX Coker did not disclose his direct participation and personal opinion of facts for one or more reasons unknown to cross-defendants. One of them perhaps was to allow Lorena Mendez to get a free ride without paying her filing fee.
Mr. XXXXX XXXXX Coker should be barred from assisting little bitch in her cross- complaint.
Furthermore ghostwriting pleadings for a pro se litigant violates a lawyer's ethical duty of candor to the court and may violate local court, state, and federal rules.
Cross-defendants hereby petition the court to impose a fine and/or sanction Mr. XXXXX XXXXX Coker for disrespecting this court in this manner and for his improper and unfair legal practices.


Does this make sense to anybody out there?
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.
This is a motion to force the person who filed the motion to go to court and show that they have authority to file the motion on behalf of the client. It is often used to prove that an attorney does not have his/her client's permission to file a lawsuit.

If you are quoting from the pleading directly, and it states "Coker should be barred from assisting little bitch..." then whoever filed this needs to be sanctioned, as this is completely improper language to use in court and is disrepectful to the court.

The motion in itself is not really coherent and doesn't make much sense. Did Mr. Coker sign the pleadings or did Ms Mendez?
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4212
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

thanks

I inadvertably left "little bicth" it should be cross-complanant. Lorena did sign the cross-complaint.

However readding about ghoustwrting it appreas Mr Cocker would had to have disclosed he prepaered the pleadding on the cross-complaint.

he filed it for her she is going as a pro se litigant. I know it was him because it was Mr cocker because it cames from his office on a envelope.

I beleave he would still be helping her behind the scenes.
Expert:  TexLaw replied 3 years ago.
I am not aware of any rule that prohibits an attorney from actually ghostwriting for a pro se client in California.

However a motion to show cause is not the right motion. What you need to do, since based on your other question there is no evidence supporting her allegations, is file an Answer and then file Motion for No Evidence Summary Judgment.

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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs