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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO STRIKE
) DEFENDANT ____’S ANSWER; MEMORANDUM
13 vs. ) OF POINTS AND AUTHORITIES; DECLARATION
) OF _________ REGARDING COMPLIANCE
14 Any Defendant, and DOES 1-5 ) WITH MEET AND CONFER REQUIREMENTS OF
) CODE OF CIVIL PROCEDURE § 435.5(a)
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
17 )
)
18 )
)
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To subscribe to my FREE weekly legal newsletter visit
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http://www.legaldocspro.net/newsletter.htm and enter your e-mail
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23 address. Be sure to remove this notice and all other notices before
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using this document.
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TO DEFENDANT____________________, AND THEIR ATTORNEYS OF RECORD:
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NOTICE OF MOTION AND MOTION TO STRIKE ANSWER
1 PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon after
2 that as the matter can be heard, in Department, ___ of the above-entitled court located at
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_____________________________________________, Plaintiff __________ (“Plaintiff ”) will
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move this Court for an order striking the entire Answer filed by Defendant _________ (“Defendant”)
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on file herein, or in the alternative for an order striking ALL of the affirmative defenses contained in

7 the Answer filed by Defendant. The grounds for this Motion to Strike are set forth below.

8 MOTION TO STRIKE ANSWER FILED BY DEFENDANT _____________


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This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds
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that the answer is not verified even though the complaint is verified which is required by Code of
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Civil Procedure § 446. Thus the entire answer should be stricken.
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13 This Motion to Strike is also made on the alternative grounds that ALL of the affirmative

14 Defenses listed in the answer filed by Defendant assert only affirmative defenses that are wholly
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irrelevant to the causes of action alleged in the complaint, and thus constitute immaterial allegations.
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The following affirmative defenses should be stricken.
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1. The first affirmative defense alleging _______ on the grounds that this defense
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19 contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and

20 thus constitute immaterial allegations.


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2. The second affirmative defense alleging _______ on the grounds that this defense
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contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and
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thus constitute immaterial allegations.
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25 3. The third affirmative defense alleging _______ on the grounds that this defense

26 contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and
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thus constitute immaterial allegations.
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NOTICE OF MOTION AND MOTION TO STRIKE ANSWER
1 4. The fourth affirmative defense alleging _______ on the grounds that this defense
2 contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and
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thus constitute immaterial allegations.
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5. The fifth affirmative defense alleging _______ on the grounds that this defense
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contains allegations that are wholly irrelevant to the causes of action alleged in the complaint, and

7 thus constitute immaterial allegations.

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Be sure to modify these paragraphs to suit your individual
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10 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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13 To purchase the entire 10 page document visit:


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https://legaldocspro.myshopify.com/products/sample-motion-to-strike-
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an-answer-to-a-complaint-for-california
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NOTICE OF MOTION AND MOTION TO STRIKE ANSWER

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