SlideShare a Scribd company logo
1 of 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
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
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
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
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
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
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

More Related Content

What's hot

Sample motion to vacate default under Rule 55(c) in United States District Court
Sample motion to vacate default under Rule 55(c) in United States District CourtSample motion to vacate default under Rule 55(c) in United States District Court
Sample motion to vacate default under Rule 55(c) in United States District CourtLegalDocsPro
 
Sample California motion to vacate judgment and enter different judgment unde...
Sample California motion to vacate judgment and enter different judgment unde...Sample California motion to vacate judgment and enter different judgment unde...
Sample California motion to vacate judgment and enter different judgment unde...LegalDocsPro
 
Sample motion for Family Code section 271 sanctions in California
Sample motion for Family Code section 271 sanctions in CaliforniaSample motion for Family Code section 271 sanctions in California
Sample motion for Family Code section 271 sanctions in CaliforniaLegalDocsPro
 
Sample California motion for attorney fees after judgment
Sample California motion for attorney fees after judgmentSample California motion for attorney fees after judgment
Sample California motion for attorney fees after judgmentLegalDocsPro
 
Sample California motion for reconsideration under Code of Civi Procedure sec...
Sample California motion for reconsideration under Code of Civi Procedure sec...Sample California motion for reconsideration under Code of Civi Procedure sec...
Sample California motion for reconsideration under Code of Civi Procedure sec...LegalDocsPro
 
Sample California complaint to vacate judgment
Sample California complaint to vacate judgmentSample California complaint to vacate judgment
Sample California complaint to vacate judgmentLegalDocsPro
 
Sample California demurrer to complaint for breach of contract
Sample California demurrer to  complaint for breach of contractSample California demurrer to  complaint for breach of contract
Sample California demurrer to complaint for breach of contractLegalDocsPro
 
Sample motion to expunge lis pendens for California
Sample motion to expunge lis pendens for CaliforniaSample motion to expunge lis pendens for California
Sample motion to expunge lis pendens for CaliforniaLegalDocsPro
 
Sample California demand for jury trial
Sample California demand for jury trialSample California demand for jury trial
Sample California demand for jury trialLegalDocsPro
 
Sample California declaration
Sample California declarationSample California declaration
Sample California declarationLegalDocsPro
 
Sample California motion for summary judgment in unlawful detainer (eviction)
Sample California motion for summary judgment in unlawful detainer (eviction)Sample California motion for summary judgment in unlawful detainer (eviction)
Sample California motion for summary judgment in unlawful detainer (eviction)LegalDocsPro
 
Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...
Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...
Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...LegalDocsPro
 
Sample motion for leave to amend answer in California
Sample motion for leave to amend answer in CaliforniaSample motion for leave to amend answer in California
Sample motion for leave to amend answer in CaliforniaLegalDocsPro
 
Sample California complaint for fraud against unlicensed contractor
Sample California complaint for fraud against unlicensed contractorSample California complaint for fraud against unlicensed contractor
Sample California complaint for fraud against unlicensed contractorLegalDocsPro
 
Sample California reply to opposition to motion
Sample California reply to opposition to motionSample California reply to opposition to motion
Sample California reply to opposition to motionLegalDocsPro
 
Sample stipulations and orders for california
Sample stipulations and orders for californiaSample stipulations and orders for california
Sample stipulations and orders for californiaLegalDocsPro
 
Sample California motion to vacate default judgment for extrinsic fraud or mi...
Sample California motion to vacate default judgment for extrinsic fraud or mi...Sample California motion to vacate default judgment for extrinsic fraud or mi...
Sample California motion to vacate default judgment for extrinsic fraud or mi...LegalDocsPro
 
Sample California motion to vacate default judgment under Code of Civl Proced...
Sample California motion to vacate default judgment under Code of Civl Proced...Sample California motion to vacate default judgment under Code of Civl Proced...
Sample California motion to vacate default judgment under Code of Civl Proced...LegalDocsPro
 
Sample motion to vacate judgment under rule 60(b)(2) in United States Distric...
Sample motion to vacate judgment under rule 60(b)(2) in United States Distric...Sample motion to vacate judgment under rule 60(b)(2) in United States Distric...
Sample motion to vacate judgment under rule 60(b)(2) in United States Distric...LegalDocsPro
 
Sample ex parte application for continuance of trial date for California evic...
Sample ex parte application for continuance of trial date for California evic...Sample ex parte application for continuance of trial date for California evic...
Sample ex parte application for continuance of trial date for California evic...LegalDocsPro
 

What's hot (20)

Sample motion to vacate default under Rule 55(c) in United States District Court
Sample motion to vacate default under Rule 55(c) in United States District CourtSample motion to vacate default under Rule 55(c) in United States District Court
Sample motion to vacate default under Rule 55(c) in United States District Court
 
Sample California motion to vacate judgment and enter different judgment unde...
Sample California motion to vacate judgment and enter different judgment unde...Sample California motion to vacate judgment and enter different judgment unde...
Sample California motion to vacate judgment and enter different judgment unde...
 
Sample motion for Family Code section 271 sanctions in California
Sample motion for Family Code section 271 sanctions in CaliforniaSample motion for Family Code section 271 sanctions in California
Sample motion for Family Code section 271 sanctions in California
 
Sample California motion for attorney fees after judgment
Sample California motion for attorney fees after judgmentSample California motion for attorney fees after judgment
Sample California motion for attorney fees after judgment
 
Sample California motion for reconsideration under Code of Civi Procedure sec...
Sample California motion for reconsideration under Code of Civi Procedure sec...Sample California motion for reconsideration under Code of Civi Procedure sec...
Sample California motion for reconsideration under Code of Civi Procedure sec...
 
Sample California complaint to vacate judgment
Sample California complaint to vacate judgmentSample California complaint to vacate judgment
Sample California complaint to vacate judgment
 
Sample California demurrer to complaint for breach of contract
Sample California demurrer to  complaint for breach of contractSample California demurrer to  complaint for breach of contract
Sample California demurrer to complaint for breach of contract
 
Sample motion to expunge lis pendens for California
Sample motion to expunge lis pendens for CaliforniaSample motion to expunge lis pendens for California
Sample motion to expunge lis pendens for California
 
Sample California demand for jury trial
Sample California demand for jury trialSample California demand for jury trial
Sample California demand for jury trial
 
Sample California declaration
Sample California declarationSample California declaration
Sample California declaration
 
Sample California motion for summary judgment in unlawful detainer (eviction)
Sample California motion for summary judgment in unlawful detainer (eviction)Sample California motion for summary judgment in unlawful detainer (eviction)
Sample California motion for summary judgment in unlawful detainer (eviction)
 
Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...
Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...
Sample motion to vacate judgment under Rule 60(b)(3) in United States Distric...
 
Sample motion for leave to amend answer in California
Sample motion for leave to amend answer in CaliforniaSample motion for leave to amend answer in California
Sample motion for leave to amend answer in California
 
Sample California complaint for fraud against unlicensed contractor
Sample California complaint for fraud against unlicensed contractorSample California complaint for fraud against unlicensed contractor
Sample California complaint for fraud against unlicensed contractor
 
Sample California reply to opposition to motion
Sample California reply to opposition to motionSample California reply to opposition to motion
Sample California reply to opposition to motion
 
Sample stipulations and orders for california
Sample stipulations and orders for californiaSample stipulations and orders for california
Sample stipulations and orders for california
 
Sample California motion to vacate default judgment for extrinsic fraud or mi...
Sample California motion to vacate default judgment for extrinsic fraud or mi...Sample California motion to vacate default judgment for extrinsic fraud or mi...
Sample California motion to vacate default judgment for extrinsic fraud or mi...
 
Sample California motion to vacate default judgment under Code of Civl Proced...
Sample California motion to vacate default judgment under Code of Civl Proced...Sample California motion to vacate default judgment under Code of Civl Proced...
Sample California motion to vacate default judgment under Code of Civl Proced...
 
Sample motion to vacate judgment under rule 60(b)(2) in United States Distric...
Sample motion to vacate judgment under rule 60(b)(2) in United States Distric...Sample motion to vacate judgment under rule 60(b)(2) in United States Distric...
Sample motion to vacate judgment under rule 60(b)(2) in United States Distric...
 
Sample ex parte application for continuance of trial date for California evic...
Sample ex parte application for continuance of trial date for California evic...Sample ex parte application for continuance of trial date for California evic...
Sample ex parte application for continuance of trial date for California evic...
 

Similar to Sample California motion to strike for unlawful detainer (eviction) complaint

Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...
Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...
Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...LegalDocsPro
 
Sample motion to strike alter ego allegations in california
Sample motion to strike alter ego allegations in californiaSample motion to strike alter ego allegations in california
Sample motion to strike alter ego allegations in californiaLegalDocsPro
 
Sample trial brief for California civil case
Sample trial brief for California civil caseSample trial brief for California civil case
Sample trial brief for California civil caseLegalDocsPro
 
Sample motion to strike punitive damages in california
Sample motion to strike punitive damages in californiaSample motion to strike punitive damages in california
Sample motion to strike punitive damages in californiaLegalDocsPro
 
Sample opposition to motion to enforce settlement agreement in California
Sample opposition to motion to enforce settlement agreement in CaliforniaSample opposition to motion to enforce settlement agreement in California
Sample opposition to motion to enforce settlement agreement in CaliforniaLegalDocsPro
 
Sample opposition to motion to dismiss under rule 12(b)(6)
Sample opposition to motion to dismiss under rule 12(b)(6)Sample opposition to motion to dismiss under rule 12(b)(6)
Sample opposition to motion to dismiss under rule 12(b)(6)LegalDocsPro
 
Sample stipulation and order for change of venue in California divorce
Sample stipulation and order for change of venue in California divorceSample stipulation and order for change of venue in California divorce
Sample stipulation and order for change of venue in California divorceLegalDocsPro
 
Sample small claims transfer declaration for California
Sample small claims transfer declaration for CaliforniaSample small claims transfer declaration for California
Sample small claims transfer declaration for CaliforniaLegalDocsPro
 
Sample motion for relief from forfeiture of lease in California
Sample motion for relief from forfeiture of lease in CaliforniaSample motion for relief from forfeiture of lease in California
Sample motion for relief from forfeiture of lease in CaliforniaLegalDocsPro
 
Sample opposition to motion for terminating sanctions in California
Sample opposition to motion for terminating sanctions in CaliforniaSample opposition to motion for terminating sanctions in California
Sample opposition to motion for terminating sanctions in CaliforniaLegalDocsPro
 
Sample motion to correct clerical error in California judgment
Sample motion to correct clerical error in California judgmentSample motion to correct clerical error in California judgment
Sample motion to correct clerical error in California judgmentLegalDocsPro
 
Sample notice of lawsuit and request for waiver of service of summons in Unit...
Sample notice of lawsuit and request for waiver of service of summons in Unit...Sample notice of lawsuit and request for waiver of service of summons in Unit...
Sample notice of lawsuit and request for waiver of service of summons in Unit...LegalDocsPro
 
Sample California motion to strike complaint
Sample California motion to strike complaintSample California motion to strike complaint
Sample California motion to strike complaintLegalDocsPro
 
Sample motion for cost of proof sanctions in California
Sample motion for cost of proof sanctions in CaliforniaSample motion for cost of proof sanctions in California
Sample motion for cost of proof sanctions in CaliforniaLegalDocsPro
 
Sample motion to vacate sister state judgment in California
Sample motion to vacate sister state judgment in CaliforniaSample motion to vacate sister state judgment in California
Sample motion to vacate sister state judgment in CaliforniaLegalDocsPro
 
Sample opposition to motion to vacate in California with an attorney affidavi...
Sample opposition to motion to vacate in California with an attorney affidavi...Sample opposition to motion to vacate in California with an attorney affidavi...
Sample opposition to motion to vacate in California with an attorney affidavi...LegalDocsPro
 
Sample stipulation and order to appoint discovery referee in California
Sample stipulation and order to appoint discovery referee in CaliforniaSample stipulation and order to appoint discovery referee in California
Sample stipulation and order to appoint discovery referee in CaliforniaLegalDocsPro
 
Sample motion for family code section 1101 damages and sanctions
Sample motion for family code section 1101 damages and sanctionsSample motion for family code section 1101 damages and sanctions
Sample motion for family code section 1101 damages and sanctionsLegalDocsPro
 
Sample opposition to demurrer for california
Sample opposition to demurrer for californiaSample opposition to demurrer for california
Sample opposition to demurrer for californiaLegalDocsPro
 
Sampleex parteapplicationforstayofexecutionofeviction-130801092245-phpapp01
Sampleex parteapplicationforstayofexecutionofeviction-130801092245-phpapp01Sampleex parteapplicationforstayofexecutionofeviction-130801092245-phpapp01
Sampleex parteapplicationforstayofexecutionofeviction-130801092245-phpapp01sandra trask
 

Similar to Sample California motion to strike for unlawful detainer (eviction) complaint (20)

Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...
Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...
Sample motion for judgment on the pleadings under Rule 12(c) of the Federal R...
 
Sample motion to strike alter ego allegations in california
Sample motion to strike alter ego allegations in californiaSample motion to strike alter ego allegations in california
Sample motion to strike alter ego allegations in california
 
Sample trial brief for California civil case
Sample trial brief for California civil caseSample trial brief for California civil case
Sample trial brief for California civil case
 
Sample motion to strike punitive damages in california
Sample motion to strike punitive damages in californiaSample motion to strike punitive damages in california
Sample motion to strike punitive damages in california
 
Sample opposition to motion to enforce settlement agreement in California
Sample opposition to motion to enforce settlement agreement in CaliforniaSample opposition to motion to enforce settlement agreement in California
Sample opposition to motion to enforce settlement agreement in California
 
Sample opposition to motion to dismiss under rule 12(b)(6)
Sample opposition to motion to dismiss under rule 12(b)(6)Sample opposition to motion to dismiss under rule 12(b)(6)
Sample opposition to motion to dismiss under rule 12(b)(6)
 
Sample stipulation and order for change of venue in California divorce
Sample stipulation and order for change of venue in California divorceSample stipulation and order for change of venue in California divorce
Sample stipulation and order for change of venue in California divorce
 
Sample small claims transfer declaration for California
Sample small claims transfer declaration for CaliforniaSample small claims transfer declaration for California
Sample small claims transfer declaration for California
 
Sample motion for relief from forfeiture of lease in California
Sample motion for relief from forfeiture of lease in CaliforniaSample motion for relief from forfeiture of lease in California
Sample motion for relief from forfeiture of lease in California
 
Sample opposition to motion for terminating sanctions in California
Sample opposition to motion for terminating sanctions in CaliforniaSample opposition to motion for terminating sanctions in California
Sample opposition to motion for terminating sanctions in California
 
Sample motion to correct clerical error in California judgment
Sample motion to correct clerical error in California judgmentSample motion to correct clerical error in California judgment
Sample motion to correct clerical error in California judgment
 
Sample notice of lawsuit and request for waiver of service of summons in Unit...
Sample notice of lawsuit and request for waiver of service of summons in Unit...Sample notice of lawsuit and request for waiver of service of summons in Unit...
Sample notice of lawsuit and request for waiver of service of summons in Unit...
 
Sample California motion to strike complaint
Sample California motion to strike complaintSample California motion to strike complaint
Sample California motion to strike complaint
 
Sample motion for cost of proof sanctions in California
Sample motion for cost of proof sanctions in CaliforniaSample motion for cost of proof sanctions in California
Sample motion for cost of proof sanctions in California
 
Sample motion to vacate sister state judgment in California
Sample motion to vacate sister state judgment in CaliforniaSample motion to vacate sister state judgment in California
Sample motion to vacate sister state judgment in California
 
Sample opposition to motion to vacate in California with an attorney affidavi...
Sample opposition to motion to vacate in California with an attorney affidavi...Sample opposition to motion to vacate in California with an attorney affidavi...
Sample opposition to motion to vacate in California with an attorney affidavi...
 
Sample stipulation and order to appoint discovery referee in California
Sample stipulation and order to appoint discovery referee in CaliforniaSample stipulation and order to appoint discovery referee in California
Sample stipulation and order to appoint discovery referee in California
 
Sample motion for family code section 1101 damages and sanctions
Sample motion for family code section 1101 damages and sanctionsSample motion for family code section 1101 damages and sanctions
Sample motion for family code section 1101 damages and sanctions
 
Sample opposition to demurrer for california
Sample opposition to demurrer for californiaSample opposition to demurrer for california
Sample opposition to demurrer for california
 
Sampleex parteapplicationforstayofexecutionofeviction-130801092245-phpapp01
Sampleex parteapplicationforstayofexecutionofeviction-130801092245-phpapp01Sampleex parteapplicationforstayofexecutionofeviction-130801092245-phpapp01
Sampleex parteapplicationforstayofexecutionofeviction-130801092245-phpapp01
 

More from LegalDocsPro

Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...
Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...
Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...LegalDocsPro
 
Sample opposition to motion for new trial in United States District Court
Sample opposition to motion for new trial in United States District CourtSample opposition to motion for new trial in United States District Court
Sample opposition to motion for new trial in United States District CourtLegalDocsPro
 
Sample ex parte application for TRO and preliminary injunction in United Stat...
Sample ex parte application for TRO and preliminary injunction in United Stat...Sample ex parte application for TRO and preliminary injunction in United Stat...
Sample ex parte application for TRO and preliminary injunction in United Stat...LegalDocsPro
 
Sample notice of change of address for California civil case
Sample notice of change of address for California civil caseSample notice of change of address for California civil case
Sample notice of change of address for California civil caseLegalDocsPro
 
Sample notice of change of address for California divorce
Sample notice of change of address for California divorceSample notice of change of address for California divorce
Sample notice of change of address for California divorceLegalDocsPro
 
Sample meet and confer declaration for motion to strike in California
Sample meet and confer declaration for motion to strike in California Sample meet and confer declaration for motion to strike in California
Sample meet and confer declaration for motion to strike in California LegalDocsPro
 
Sample request for entry of default under rule 55(a) in United States Distric...
Sample request for entry of default under rule 55(a) in United States Distric...Sample request for entry of default under rule 55(a) in United States Distric...
Sample request for entry of default under rule 55(a) in United States Distric...LegalDocsPro
 
Sample complaint for rescission of contract in California
Sample complaint for rescission of contract in CaliforniaSample complaint for rescission of contract in California
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
 
Sample opposition to request for domestic violence restraining order in Calif...
Sample opposition to request for domestic violence restraining order in Calif...Sample opposition to request for domestic violence restraining order in Calif...
Sample opposition to request for domestic violence restraining order in Calif...LegalDocsPro
 
Sample motion for substitution of plaintiff in United States District Court
Sample motion for substitution of plaintiff in United States District CourtSample motion for substitution of plaintiff in United States District Court
Sample motion for substitution of plaintiff in United States District CourtLegalDocsPro
 
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...LegalDocsPro
 
Sample demurrer for another action pending in California
Sample demurrer for another action pending in CaliforniaSample demurrer for another action pending in California
Sample demurrer for another action pending in CaliforniaLegalDocsPro
 
California discovery document collection for sale
California discovery document collection for saleCalifornia discovery document collection for sale
California discovery document collection for saleLegalDocsPro
 
California unlawful detainer (eviction) document collection for sale
California unlawful detainer (eviction) document collection for saleCalifornia unlawful detainer (eviction) document collection for sale
California unlawful detainer (eviction) document collection for saleLegalDocsPro
 
Sample motion for vocational evaluation in California divorce
Sample motion for vocational evaluation in California divorceSample motion for vocational evaluation in California divorce
Sample motion for vocational evaluation in California divorceLegalDocsPro
 
Sample opposition to order to show cause for civil contempt in California
Sample opposition to order to show cause for civil contempt in CaliforniaSample opposition to order to show cause for civil contempt in California
Sample opposition to order to show cause for civil contempt in CaliforniaLegalDocsPro
 
Sample motion to dismiss for improper venue under Rule 12(b)(3)
Sample motion to dismiss for improper venue under Rule 12(b)(3)Sample motion to dismiss for improper venue under Rule 12(b)(3)
Sample motion to dismiss for improper venue under Rule 12(b)(3)LegalDocsPro
 
Sample student loan debt validation letter
Sample student loan debt validation letterSample student loan debt validation letter
Sample student loan debt validation letterLegalDocsPro
 
Sample agreement for debt settlement
Sample agreement for debt settlementSample agreement for debt settlement
Sample agreement for debt settlementLegalDocsPro
 
Sample motion to substitute plaintiff in California
Sample motion to substitute plaintiff in CaliforniaSample motion to substitute plaintiff in California
Sample motion to substitute plaintiff in CaliforniaLegalDocsPro
 

More from LegalDocsPro (20)

Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...
Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...
Sample motion for OSC for contempt for violations of the Bankruptcy Discharge...
 
Sample opposition to motion for new trial in United States District Court
Sample opposition to motion for new trial in United States District CourtSample opposition to motion for new trial in United States District Court
Sample opposition to motion for new trial in United States District Court
 
Sample ex parte application for TRO and preliminary injunction in United Stat...
Sample ex parte application for TRO and preliminary injunction in United Stat...Sample ex parte application for TRO and preliminary injunction in United Stat...
Sample ex parte application for TRO and preliminary injunction in United Stat...
 
Sample notice of change of address for California civil case
Sample notice of change of address for California civil caseSample notice of change of address for California civil case
Sample notice of change of address for California civil case
 
Sample notice of change of address for California divorce
Sample notice of change of address for California divorceSample notice of change of address for California divorce
Sample notice of change of address for California divorce
 
Sample meet and confer declaration for motion to strike in California
Sample meet and confer declaration for motion to strike in California Sample meet and confer declaration for motion to strike in California
Sample meet and confer declaration for motion to strike in California
 
Sample request for entry of default under rule 55(a) in United States Distric...
Sample request for entry of default under rule 55(a) in United States Distric...Sample request for entry of default under rule 55(a) in United States Distric...
Sample request for entry of default under rule 55(a) in United States Distric...
 
Sample complaint for rescission of contract in California
Sample complaint for rescission of contract in CaliforniaSample complaint for rescission of contract in California
Sample complaint for rescission of contract in California
 
Sample opposition to request for domestic violence restraining order in Calif...
Sample opposition to request for domestic violence restraining order in Calif...Sample opposition to request for domestic violence restraining order in Calif...
Sample opposition to request for domestic violence restraining order in Calif...
 
Sample motion for substitution of plaintiff in United States District Court
Sample motion for substitution of plaintiff in United States District CourtSample motion for substitution of plaintiff in United States District Court
Sample motion for substitution of plaintiff in United States District Court
 
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...
 
Sample demurrer for another action pending in California
Sample demurrer for another action pending in CaliforniaSample demurrer for another action pending in California
Sample demurrer for another action pending in California
 
California discovery document collection for sale
California discovery document collection for saleCalifornia discovery document collection for sale
California discovery document collection for sale
 
California unlawful detainer (eviction) document collection for sale
California unlawful detainer (eviction) document collection for saleCalifornia unlawful detainer (eviction) document collection for sale
California unlawful detainer (eviction) document collection for sale
 
Sample motion for vocational evaluation in California divorce
Sample motion for vocational evaluation in California divorceSample motion for vocational evaluation in California divorce
Sample motion for vocational evaluation in California divorce
 
Sample opposition to order to show cause for civil contempt in California
Sample opposition to order to show cause for civil contempt in CaliforniaSample opposition to order to show cause for civil contempt in California
Sample opposition to order to show cause for civil contempt in California
 
Sample motion to dismiss for improper venue under Rule 12(b)(3)
Sample motion to dismiss for improper venue under Rule 12(b)(3)Sample motion to dismiss for improper venue under Rule 12(b)(3)
Sample motion to dismiss for improper venue under Rule 12(b)(3)
 
Sample student loan debt validation letter
Sample student loan debt validation letterSample student loan debt validation letter
Sample student loan debt validation letter
 
Sample agreement for debt settlement
Sample agreement for debt settlementSample agreement for debt settlement
Sample agreement for debt settlement
 
Sample motion to substitute plaintiff in California
Sample motion to substitute plaintiff in CaliforniaSample motion to substitute plaintiff in California
Sample motion to substitute plaintiff in California
 

Recently uploaded

EQX-PPT-20240405-CorporateDeck-slideshare
EQX-PPT-20240405-CorporateDeck-slideshareEQX-PPT-20240405-CorporateDeck-slideshare
EQX-PPT-20240405-CorporateDeck-slideshareEquinox Gold Corp.
 
Jewish Resources in the Family Resource Centre
Jewish Resources in the Family Resource CentreJewish Resources in the Family Resource Centre
Jewish Resources in the Family Resource CentreNZSG
 
How To Simplify Your Scheduling with AI Calendarfly The Hassle-Free Online Bo...
How To Simplify Your Scheduling with AI Calendarfly The Hassle-Free Online Bo...How To Simplify Your Scheduling with AI Calendarfly The Hassle-Free Online Bo...
How To Simplify Your Scheduling with AI Calendarfly The Hassle-Free Online Bo...SOFTTECHHUB
 
Pitch Deck Teardown: Xpanceo's $40M Seed deck
Pitch Deck Teardown: Xpanceo's $40M Seed deckPitch Deck Teardown: Xpanceo's $40M Seed deck
Pitch Deck Teardown: Xpanceo's $40M Seed deckHajeJanKamps
 
decentralized Launchpad providing a safe and transparent fundraising
decentralized Launchpad providing a safe and transparent fundraisingdecentralized Launchpad providing a safe and transparent fundraising
decentralized Launchpad providing a safe and transparent fundraisingrectinajh
 
Ivey Leveraging Information Technology MBA 2024
Ivey Leveraging Information Technology MBA 2024Ivey Leveraging Information Technology MBA 2024
Ivey Leveraging Information Technology MBA 2024Nihal Nishadul
 
Rakhi sets symbolizing the bond of love.pptx
Rakhi sets symbolizing the bond of love.pptxRakhi sets symbolizing the bond of love.pptx
Rakhi sets symbolizing the bond of love.pptxRakhi Bazaar
 
Who is the Darshan Hiranandani Wife ????
Who is the Darshan Hiranandani Wife ????Who is the Darshan Hiranandani Wife ????
Who is the Darshan Hiranandani Wife ????surajkumarsk121223
 
Welding Electrode Making Machine By Deccan Dynamics
Welding Electrode Making Machine By Deccan DynamicsWelding Electrode Making Machine By Deccan Dynamics
Welding Electrode Making Machine By Deccan DynamicsIndiaMART InterMESH Limited
 
ISO 37002:2021 (Whistleblowing Management Systems) Awareness Training
ISO 37002:2021 (Whistleblowing Management Systems) Awareness TrainingISO 37002:2021 (Whistleblowing Management Systems) Awareness Training
ISO 37002:2021 (Whistleblowing Management Systems) Awareness TrainingOperational Excellence Consulting
 
Paul Turovsky - Real Estate Professional
Paul Turovsky - Real Estate ProfessionalPaul Turovsky - Real Estate Professional
Paul Turovsky - Real Estate ProfessionalPaul Turovsky
 
Interoperability and ecosystems: Assembling the industrial metaverse
Interoperability and ecosystems:  Assembling the industrial metaverseInteroperability and ecosystems:  Assembling the industrial metaverse
Interoperability and ecosystems: Assembling the industrial metaverseSiemens
 
Simplify Your Funding: Quick and Easy Business Loans
Simplify Your Funding: Quick and Easy Business LoansSimplify Your Funding: Quick and Easy Business Loans
Simplify Your Funding: Quick and Easy Business LoansNugget Global
 
How the Insurance Industry is Scaling with AI
How the Insurance Industry is  Scaling with AIHow the Insurance Industry is  Scaling with AI
How the Insurance Industry is Scaling with AIPeter Ward
 
1911 Gold Corporate Presentation Apr 2024.pdf
1911 Gold Corporate Presentation Apr 2024.pdf1911 Gold Corporate Presentation Apr 2024.pdf
1911 Gold Corporate Presentation Apr 2024.pdfShaun Heinrichs
 
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...Hector Del Castillo, CPM, CPMM
 
Healthcare Feb. & Mar. Healthcare Newsletter
Healthcare Feb. & Mar. Healthcare NewsletterHealthcare Feb. & Mar. Healthcare Newsletter
Healthcare Feb. & Mar. Healthcare NewsletterJamesConcepcion7
 
Entrepreneurial ecosystem- Wider context
Entrepreneurial ecosystem- Wider contextEntrepreneurial ecosystem- Wider context
Entrepreneurial ecosystem- Wider contextP&CO
 
Unveiling the Soundscape Music for Psychedelic Experiences
Unveiling the Soundscape Music for Psychedelic ExperiencesUnveiling the Soundscape Music for Psychedelic Experiences
Unveiling the Soundscape Music for Psychedelic ExperiencesDoe Paoro
 

Recently uploaded (20)

EQX-PPT-20240405-CorporateDeck-slideshare
EQX-PPT-20240405-CorporateDeck-slideshareEQX-PPT-20240405-CorporateDeck-slideshare
EQX-PPT-20240405-CorporateDeck-slideshare
 
Jewish Resources in the Family Resource Centre
Jewish Resources in the Family Resource CentreJewish Resources in the Family Resource Centre
Jewish Resources in the Family Resource Centre
 
How To Simplify Your Scheduling with AI Calendarfly The Hassle-Free Online Bo...
How To Simplify Your Scheduling with AI Calendarfly The Hassle-Free Online Bo...How To Simplify Your Scheduling with AI Calendarfly The Hassle-Free Online Bo...
How To Simplify Your Scheduling with AI Calendarfly The Hassle-Free Online Bo...
 
Authentically Social - presented by Corey Perlman
Authentically Social - presented by Corey PerlmanAuthentically Social - presented by Corey Perlman
Authentically Social - presented by Corey Perlman
 
Pitch Deck Teardown: Xpanceo's $40M Seed deck
Pitch Deck Teardown: Xpanceo's $40M Seed deckPitch Deck Teardown: Xpanceo's $40M Seed deck
Pitch Deck Teardown: Xpanceo's $40M Seed deck
 
decentralized Launchpad providing a safe and transparent fundraising
decentralized Launchpad providing a safe and transparent fundraisingdecentralized Launchpad providing a safe and transparent fundraising
decentralized Launchpad providing a safe and transparent fundraising
 
Ivey Leveraging Information Technology MBA 2024
Ivey Leveraging Information Technology MBA 2024Ivey Leveraging Information Technology MBA 2024
Ivey Leveraging Information Technology MBA 2024
 
Rakhi sets symbolizing the bond of love.pptx
Rakhi sets symbolizing the bond of love.pptxRakhi sets symbolizing the bond of love.pptx
Rakhi sets symbolizing the bond of love.pptx
 
Who is the Darshan Hiranandani Wife ????
Who is the Darshan Hiranandani Wife ????Who is the Darshan Hiranandani Wife ????
Who is the Darshan Hiranandani Wife ????
 
Welding Electrode Making Machine By Deccan Dynamics
Welding Electrode Making Machine By Deccan DynamicsWelding Electrode Making Machine By Deccan Dynamics
Welding Electrode Making Machine By Deccan Dynamics
 
ISO 37002:2021 (Whistleblowing Management Systems) Awareness Training
ISO 37002:2021 (Whistleblowing Management Systems) Awareness TrainingISO 37002:2021 (Whistleblowing Management Systems) Awareness Training
ISO 37002:2021 (Whistleblowing Management Systems) Awareness Training
 
Paul Turovsky - Real Estate Professional
Paul Turovsky - Real Estate ProfessionalPaul Turovsky - Real Estate Professional
Paul Turovsky - Real Estate Professional
 
Interoperability and ecosystems: Assembling the industrial metaverse
Interoperability and ecosystems:  Assembling the industrial metaverseInteroperability and ecosystems:  Assembling the industrial metaverse
Interoperability and ecosystems: Assembling the industrial metaverse
 
Simplify Your Funding: Quick and Easy Business Loans
Simplify Your Funding: Quick and Easy Business LoansSimplify Your Funding: Quick and Easy Business Loans
Simplify Your Funding: Quick and Easy Business Loans
 
How the Insurance Industry is Scaling with AI
How the Insurance Industry is  Scaling with AIHow the Insurance Industry is  Scaling with AI
How the Insurance Industry is Scaling with AI
 
1911 Gold Corporate Presentation Apr 2024.pdf
1911 Gold Corporate Presentation Apr 2024.pdf1911 Gold Corporate Presentation Apr 2024.pdf
1911 Gold Corporate Presentation Apr 2024.pdf
 
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
How Generative AI Is Transforming Your Business | Byond Growth Insights | Apr...
 
Healthcare Feb. & Mar. Healthcare Newsletter
Healthcare Feb. & Mar. Healthcare NewsletterHealthcare Feb. & Mar. Healthcare Newsletter
Healthcare Feb. & Mar. Healthcare Newsletter
 
Entrepreneurial ecosystem- Wider context
Entrepreneurial ecosystem- Wider contextEntrepreneurial ecosystem- Wider context
Entrepreneurial ecosystem- Wider context
 
Unveiling the Soundscape Music for Psychedelic Experiences
Unveiling the Soundscape Music for Psychedelic ExperiencesUnveiling the Soundscape Music for Psychedelic Experiences
Unveiling the Soundscape Music for Psychedelic Experiences
 

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

  • 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. 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. 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. 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. 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. 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