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Sample motion to strike first amended complaint in California

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This sample motion to strike a first amended complaint in California is filed under Code of Civil Procedure sections 435 through 437 on the grounds that, (1) the first amended complaint was filed after the deadline allowed for Plaintiff to amend their complaint; (2) the first amended complaint contains an unauthorized amendment, and (3) the first amended complaint is filed in violation of the Court’s order in which it sustained the demurrer or motion to strike filed by Moving Defendants without leave to amend. The sample requests that the the first amended complaint filed by Plaintiff should be stricken in its entirety, or in the event that the Court is inclined to grant leave to amend, that the Court order Plaintiff to pay the Moving Defendants their expenses incurred in bringing the motion to strike. The sample motion on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample motion to strike first amended complaint in California

  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 AND MOTION TO STRIKE FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view sample document packages sold by LegalDocsPro visit: http://www.legaldocspro.net Be sure to remove these notices before using this document. 1 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD: - 1 - NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT
  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 1PLEASE 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 collectively as “Moving Defendants”) will move this Court for an order striking the first amended complaint of Plaintiff (“Plaintiff”) on file herein in its entirety on the grounds that said first amended complaint was filed after the deadline of ________________ allowed for Plaintiff to amend their complaint; said first amended complaint contains an unauthorized amendment, or said first amended complaint is filed in violation of the Court’s order of ____ in which it sustained he demurrer or motion to strike filed by Moving Defendants without leave to amend and therefore the first amended complaint filed by Plaintiff should be stricken in its entirety. MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT This motion to strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds that, said first amended complaint was filed after the deadline of ________________ allowed for Plaintiff to amend their complaint; said first amended complaint contains an unauthorized amendment, or said first amended complaint is filed in violation of the Court’s order of ____ in which it sustained he demurrer or motion to strike filed by Moving Defendants without leave to amend and therefore the first amended complaint filed by Plaintiff should be stricken in its entirety. This motion to strike is based upon this notice, the attached motion to strike, the attached memorandum of points and authorities in support thereof, served and filed herewith, the complete - 2 - NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT
  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 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________________ _____________________________________________ ANY ATTORNEY OR PARTY To purchase the entire document visit: https://legaldocspro.myshopify.com/products/sample-motion-to-strike- first-amended-complaint-in-california - 3 - NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED COMPLAINT

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