Motions to Strike (CA)
A Practice Note discussing motions to strike in unlimited civil actions in California superior court. This Practice Note explains the grounds for bringing a motion to strike under California Code of Civil Procedure Section 436, which allows a party to challenge irrelevant, false, or improper material within a pleading such as a complaint, answer, or cross-complaint. It details key pre-filing procedures, including the mandatory meet and confer requirement and the necessary declaration. This resource provides guidance on drafting the required motion papers, such as the notice of motion and memorandum of points and authorities, and discusses filing the motion contemporaneously with a demurrer. The Practice Note also addresses strategic considerations for opposing and replying to a motion to strike, the potential outcomes of the hearing, including the possibility of leave to amend, and the appealability of the court’s final order.
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