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Any Attorney or Party
Any Street
Any Town, CA 5...
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1 TO PLAINTIFF, _________________ AND THEIR ATT...
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to your particular situation. Remember that if ...
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEME...
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Moving Defendant contends that the entire compl...
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Moving Defendant contends that the entire compl...
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Sample California motion to strike for unlawful detainer (eviction) complaint

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This sample California motion to strike an unlawful detainer (eviction) complaint is used when the plaintiff has not verified the complaint, or is requesting rent or damages they are not entitled to. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The sample document is sold on scribd.com by LegalDocsPro.


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Transcript of "Sample California motion to strike for unlawful detainer (eviction) complaint"

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE PLAINTIFF’S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To purchase and download the entire sample document visit: http://www.scribd.com/doc/28476474/Sample-Motion-to-Strike-for- Unlawful-Detainer-Eviction-in-California - 1 - NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 TO PLAINTIFF, _________________ AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on _____________, at ______________.M. or as soon after that as the matter can be heard, in Department ___ of the above-entitled court located at ____________________________________________, Defendant, _________________ (hereinafter referred to as “Moving Defendant”) will move this Court for an order striking the Complaint of Plaintiff, ______________________ (“Plaintiff”) on the grounds that the Complaint is not verified as required by Code of Civil Procedure § 1166(a)(1), and Moving Defendant will further move this Court for an order striking certain portions of the Complaint of Plaintiff, on file herein, namely the portions on Page 3 of the complaint, paragraph 12 where there is an allegation that defendant’s continued possession is malicious, paragraph 17(c) where there is a request for past due rent of $1,000, paragraph 17(f) where there is a request for damages from 20/20/2010 at the rate of $32.50 per day, paragraph 17(g) where there is a request for statutory damages up to $600.00 for the conduct alleged in item 12, and paragraph 17(h) where there is a request for an alleged balance owing on a security deposit. The grounds for this Motion to Strike are set forth below. MOTION TO STRIKE PLAINTIFF’S COMPLAINT This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds that the complaint is not verified as required by Code of Civil Procedure § 1166(a)(1), therefore the entire complaint should be stricken, and on the further grounds that the complaint requests 1. The entire complaint on the that the complaint is not verified as required by Code of Civil Procedure § 1166(a)(1), and therefore the entire complaint should be stricken. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies - 2 - NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to your particular situation. Remember that if the complaint is not verified then it is subject to a motion to strike. This Motion to Strike is based upon this notice, the attached Motion to Strike, The Memorandum of Points and Authorities in support thereof, served and filed herewith, the complete court records on file in this action and upon such other and further written or oral evidence which may be presented at the time of hearing of this motion. Dated________________ _________________________________________ ANY ATTORNEY OR PARTY - 3 - NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE
  4. 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS This case is an unlawful detainer case seeking possession of the premises located at ____________________________________________. See Plaintiff’s complaint on file. Moving Defendant contends that the entire complaint should be stricken on the grounds that the Complaint is not verified as required by Code of Civil Procedure § 1166(a)(1). Moving Defendant further contends that the following portions of the complaint should be stricken…. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Remember that if the complaint is not verified then it is subject to a motion to strike. II. LEGAL ARGUMENT A. A MOTION TO STRIKE IS APPROPRIATE WHERE THE COMPLAINT CONTAINS IRRELEVANT MATTER OR IS NOT DRAWN IN CONFORMITY WITH THE LAWS OF THIS STATE Code of Civil Procedure § 436 states in pertinent part that a Motion to Strike may be filed to strike any irrelevant matter inserted in any pleading, and to strike any pleading or part thereof not drawn in conformity with the laws of this state. - 4 - NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE
  5. 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Moving Defendant contends that the entire complaint should be stricken on the grounds that the Complaint is not verified as required by Code of Civil Procedure § 1166(a)(1). Thus, the complaint is not drawn in conformity with the laws of this state. Moving Defendant further contends that contends that the following portions of the complaint should be stricken…..because they are not supported by the allegations of the complaint, and are not drawn in conformity with the laws of this state Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. If you like this sample document please visit theFacebook page for LegalDocsPro at: http://www.facebook.com/LegalDocsPro and give it a like. - 5 - NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE
  6. 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Moving Defendant contends that the entire complaint should be stricken on the grounds that the Complaint is not verified as required by Code of Civil Procedure § 1166(a)(1). Thus, the complaint is not drawn in conformity with the laws of this state. Moving Defendant further contends that contends that the following portions of the complaint should be stricken…..because they are not supported by the allegations of the complaint, and are not drawn in conformity with the laws of this state Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. If you like this sample document please visit theFacebook page for LegalDocsPro at: http://www.facebook.com/LegalDocsPro and give it a like. - 5 - NOTICE OF MOTION TO STRIKE AND MOTION TO STRIKE

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