This sample motion to strike portions of a complaint for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.

1. 1 Any Attorney or Party
Any Street
2 Any Town, CA 55555
3 714-555-5555
4 Defendant, In Pro Per
5
6
7
8 Superior Court of the State of California
9 For the County of _________________
10
11 Any Plaintiff, ) Case No.
)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO STRIKE
) PORTIONS OF PLAINTIFF’S COMPLAINT;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES
14 Any Defendant, and DOES 1-5 )
) DATE:
15 Defendants. ) TIME:
) DEPT:
16 )
)
17
18
1 To subscribe to my FREE California weekly legal newsletter
19
20 visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail
21
address. Be sure to remove this notice and all other notices before
22
23 using this document.
24
25 1 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:
26
27
28
- 1 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

2. 1 1 PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon
2 after that as the matter can be heard, in Department, ___ of the above-entitled court located at
3
_____________________________________________, Defendant,
4
___________________________________________________________, (hereinafter referred to
5
6
collectively as “Moving Defendants”) will move this Court for an order striking portions of the
7 Complaint of Plaintiff (“Plaintiff”), on file herein, namely the portion on Page 3 of the complaint, in
8 the prayer portion, at lines 20 and 21, where it requests “with interest thereon at the rate of ten
9
percent (18%) per annum from _____.”, and the portion on Page 3 of the complaint, in the prayer
10
portion, at line 22, where it requests, “For costs of collection and reasonable attorney fee in the sum
11
of $1,000.” The grounds for this Motion to Strike are set forth below.
12
13 MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
14 This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds
15
that nowhere in the complaint does plaintiff allege facts sufficient to entitle them to recover the 18%
16
interest that they are requesting, nor the costs of collection and reasonable attorney fee in the sum of
17
$1,000.00, the portions to be stricken are:
18
19 1. The portion on Page 3 of the complaint, in the prayer portion, at lines 20 and 21,
20 where it requests “with interest thereon at the rate of ten percent (18%) per annum from ______.”
21
2. The portion on Page 3 of the complaint, in the prayer portion, at line 22, where it
22
requests, “For costs of collection and reasonable attorney fee in the sum of $1,000.”.
23
This Motion to Strike is based upon this notice, the attached Motion to Strike, The
24
25 Memorandum of Points and Authorities in support thereof, served and filed herewith, the complete
26 court records on file in this action and upon such other further written or oral evidence which may be
27
presented at the time of hearing of this motion.
28
- 2 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

3. 1
2 Dated________________ LAW OFFICES OF ANY ATTORNEY
3
4
By: _____________________________
5 __________________, Attorney for
6
Defendants
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

4. 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from an alleged balance owing from Defendant to Plaintiff’s. Plaintiff’s have
5
6
alleged three causes of action against Defendants, (1) Goods sold and delivered, (2) Account Stated,
7 and (3) Open Book Account. See Plaintiff’s complaint on file.
8 Moving Defendants further contend that the portions of the complaint, on page 3, in the
9
prayer portion, at lines 20 and 21,where it requests “with interest thereon at the rate of ten percent
10
(18%) per annum from __________.”, and on Page 3 of the complaint, in the prayer portion, at line
11
22, where it requests, “For costs of collection and reasonable attorney fee in the sum of $1,000.”,
12
13 should be stricken because they are not supported by the allegations of the complaint, and are not
14 drawn in conformity with the laws of this state. See Plaintiff’s complaint on file.
15
II.
16
LEGAL ARGUMENT
17
A. A MOTION TO STRIKE IS APPROPRIATE WHERE THE COMPLAINT
18
19 CONTAINS IRRELEVANT MATTER OR IS NOT DRAWN IN
20 CONFORMITY WITH THE LAWS OF THIS STATE
21
To download and purchase the entire document visit:
22
23 http://www.scribd.com/doc/25604297/Sample-Motion-to-Strike-for-California
24
25
26
27
28
- 4 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

5. 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from an alleged balance owing from Defendant to Plaintiff’s. Plaintiff’s have
5
6
alleged three causes of action against Defendants, (1) Goods sold and delivered, (2) Account Stated,
7 and (3) Open Book Account. See Plaintiff’s complaint on file.
8 Moving Defendants further contend that the portions of the complaint, on page 3, in the
9
prayer portion, at lines 20 and 21,where it requests “with interest thereon at the rate of ten percent
10
(18%) per annum from __________.”, and on Page 3 of the complaint, in the prayer portion, at line
11
22, where it requests, “For costs of collection and reasonable attorney fee in the sum of $1,000.”,
12
13 should be stricken because they are not supported by the allegations of the complaint, and are not
14 drawn in conformity with the laws of this state. See Plaintiff’s complaint on file.
15
II.
16
LEGAL ARGUMENT
17
A. A MOTION TO STRIKE IS APPROPRIATE WHERE THE COMPLAINT
18
19 CONTAINS IRRELEVANT MATTER OR IS NOT DRAWN IN
20 CONFORMITY WITH THE LAWS OF THIS STATE
21
To download and purchase the entire document visit:
22
23 http://www.scribd.com/doc/25604297/Sample-Motion-to-Strike-for-California
24
25
26
27
28
- 4 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

6. 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from an alleged balance owing from Defendant to Plaintiff’s. Plaintiff’s have
5
6
alleged three causes of action against Defendants, (1) Goods sold and delivered, (2) Account Stated,
7 and (3) Open Book Account. See Plaintiff’s complaint on file.
8 Moving Defendants further contend that the portions of the complaint, on page 3, in the
9
prayer portion, at lines 20 and 21,where it requests “with interest thereon at the rate of ten percent
10
(18%) per annum from __________.”, and on Page 3 of the complaint, in the prayer portion, at line
11
22, where it requests, “For costs of collection and reasonable attorney fee in the sum of $1,000.”,
12
13 should be stricken because they are not supported by the allegations of the complaint, and are not
14 drawn in conformity with the laws of this state. See Plaintiff’s complaint on file.
15
II.
16
LEGAL ARGUMENT
17
A. A MOTION TO STRIKE IS APPROPRIATE WHERE THE COMPLAINT
18
19 CONTAINS IRRELEVANT MATTER OR IS NOT DRAWN IN
20 CONFORMITY WITH THE LAWS OF THIS STATE
21
To download and purchase the entire document visit:
22
23 http://www.scribd.com/doc/25604297/Sample-Motion-to-Strike-for-California
24
25
26
27
28
- 4 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT

7. 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
This case arises from an alleged balance owing from Defendant to Plaintiff’s. Plaintiff’s have
5
6
alleged three causes of action against Defendants, (1) Goods sold and delivered, (2) Account Stated,
7 and (3) Open Book Account. See Plaintiff’s complaint on file.
8 Moving Defendants further contend that the portions of the complaint, on page 3, in the
9
prayer portion, at lines 20 and 21,where it requests “with interest thereon at the rate of ten percent
10
(18%) per annum from __________.”, and on Page 3 of the complaint, in the prayer portion, at line
11
22, where it requests, “For costs of collection and reasonable attorney fee in the sum of $1,000.”,
12
13 should be stricken because they are not supported by the allegations of the complaint, and are not
14 drawn in conformity with the laws of this state. See Plaintiff’s complaint on file.
15
II.
16
LEGAL ARGUMENT
17
A. A MOTION TO STRIKE IS APPROPRIATE WHERE THE COMPLAINT
18
19 CONTAINS IRRELEVANT MATTER OR IS NOT DRAWN IN
20 CONFORMITY WITH THE LAWS OF THIS STATE
21
To download and purchase the entire document visit:
22
23 http://www.scribd.com/doc/25604297/Sample-Motion-to-Strike-for-California
24
25
26
27
28
- 4 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT