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Sample California motion to strike answer

LegalDocsPro
LegalDocsPro
LegalDocsProLegal entrepreneur and retired litigation paralegal

This sample motion to strike an answer to a complaint for California is made pursuant to Sections 435-437 of the Code of Civil Procedure. The sample requests that the entire answer be stricken as it is not verified, or in the alternative that all of the affirmative defenses contained in the answer should be stricken as they contain only immaterial allegations. The sample contains brief instructions, a memorandum of points and authorities and a proof of service by mail.

Sample California motion to strike answer

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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.
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Case No.
NOTICE OF MOTION AND MOTION TO STRIKE
DEFENDANT ____’S ANSWER; MEMORANDUM
OF POINTS AND AUTHORITIES
DATE:
TIME:
DEPT:
1 To subscribe to my FREE California 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.
1 TO DEFENDANT____________________, AND THEIR ATTORNEYS OF RECORD:
1 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
_____________________________________________, Plaintiff __________ (“Plaintiff ”) will
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NOTICE OF MOTION AND MOTION TO STRIKE ANSWER
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move this Court for an order striking the entire Answer filed by Defendant _________ (“Defendant”)
on file herein, or in the alternative for an order striking ALL of the affirmative defenses contained in
the Answer filed by Defendant . The grounds for this Motion to Strike are set forth below.
MOTION TO STRIKE ANSWER FILED BY DEFENDANT _____________
This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds
that the answer is not verified even though the complaint is verified which is required by Code of
Civil Procedure § 446. Thus the entire answer should be stricken.
This Motion to Strike is also made on the alternative grounds that ALL of the affirmative
Defenses listed in the answer filed by Defendant assert only affirmative defenses that are wholly
irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations.
The following affirmative defenses should be stricken.
1. The first affirmative defense alleging _______ on the grounds that this defense
contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and
thus constitute immaterial allegations.
2. The second affirmative defense alleging _______ on the grounds that this defense
contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and
thus constitute immaterial allegations.
3. The third affirmative defense alleging _______ on the grounds that this defense
contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and
thus constitute immaterial allegations.
4. The fourth affirmative defense alleging _______ on the grounds that this defense
contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and
thus constitute immaterial allegations.
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NOTICE OF MOTION AND MOTION TO STRIKE ANSWER
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5. The fifth affirmative defense alleging _______ on the grounds that this defense
contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and
thus constitute immaterial allegations.
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.
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 further written or oral evidence which may be
presented at the time of hearing of this motion.
Dated________________ LAW OFFICES OF ANY ATTORNEY
By: _____________________________
__________________, Attorney for
Plaintiff
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MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF FACTS
This case arises from ________________. Plaintiff had alleged ______causes of action
against Defendants. The complaint was verified. See Plaintiff’s complaint on file.
Defendant filed an unverified answer that contains affirmative defenses with allegations that
are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial
allegations.
Plaintiff contends that this court should order that the entire answer filed by Defendant should
be stricken on the grounds that the answer is not verified even though the complaint is verified which
is required by Code of Civil Procedure § 446. Thus the entire answer should be stricken.
In the alternative, plaintiff requests that this court strike ALL of the affirmative defenses
listed in the answer filed by Defendant as the affirmative defenses consist entirely of allegations that
are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial
allegations. See Defendant’s answer on file.
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.
To purchase the entire sample shown here visit
http://www.scribd.com/doc/135826019/Sample-Motion-to-Strike-Answer-
to-Complaint-for-California
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NOTICE OF MOTION AND MOTION TO STRIKE ANSWER
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Sample California motion to strike answer

  • 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 AND MOTION TO STRIKE DEFENDANT ____’S ANSWER; MEMORANDUM OF POINTS AND AUTHORITIES DATE: TIME: DEPT: 1 To subscribe to my FREE California 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. 1 TO DEFENDANT____________________, AND THEIR ATTORNEYS OF RECORD: 1 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 _____________________________________________, Plaintiff __________ (“Plaintiff ”) will - 1 - NOTICE OF MOTION AND MOTION TO STRIKE ANSWER
  • 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 move this Court for an order striking the entire Answer filed by Defendant _________ (“Defendant”) on file herein, or in the alternative for an order striking ALL of the affirmative defenses contained in the Answer filed by Defendant . The grounds for this Motion to Strike are set forth below. MOTION TO STRIKE ANSWER FILED BY DEFENDANT _____________ This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds that the answer is not verified even though the complaint is verified which is required by Code of Civil Procedure § 446. Thus the entire answer should be stricken. This Motion to Strike is also made on the alternative grounds that ALL of the affirmative Defenses listed in the answer filed by Defendant assert only affirmative defenses that are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations. The following affirmative defenses should be stricken. 1. The first affirmative defense alleging _______ on the grounds that this defense contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations. 2. The second affirmative defense alleging _______ on the grounds that this defense contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations. 3. The third affirmative defense alleging _______ on the grounds that this defense contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations. 4. The fourth affirmative defense alleging _______ on the grounds that this defense contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations. - 2 - NOTICE OF MOTION AND MOTION TO STRIKE ANSWER
  • 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 5. The fifth affirmative defense alleging _______ on the grounds that this defense contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations. 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. 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 further written or oral evidence which may be presented at the time of hearing of this motion. Dated________________ LAW OFFICES OF ANY ATTORNEY By: _____________________________ __________________, Attorney for Plaintiff - 3 - NOTICE OF MOTION AND MOTION TO STRIKE ANSWER
  • 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 arises from ________________. Plaintiff had alleged ______causes of action against Defendants. The complaint was verified. See Plaintiff’s complaint on file. Defendant filed an unverified answer that contains affirmative defenses with allegations that are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations. Plaintiff contends that this court should order that the entire answer filed by Defendant should be stricken on the grounds that the answer is not verified even though the complaint is verified which is required by Code of Civil Procedure § 446. Thus the entire answer should be stricken. In the alternative, plaintiff requests that this court strike ALL of the affirmative defenses listed in the answer filed by Defendant as the affirmative defenses consist entirely of allegations that are wholly irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations. See Defendant’s answer on file. 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. To purchase the entire sample shown here visit http://www.scribd.com/doc/135826019/Sample-Motion-to-Strike-Answer- to-Complaint-for-California - 4 - NOTICE OF MOTION AND MOTION TO STRIKE ANSWER