SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
-
- [DEFENDANT(S) NAMES]
- Defendants
-
-
- ________________________________
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- CASE NO: _______
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- NOTICE OF MOTION TO STRIKE THE ____ CAUSE OF ACTION IN
PLAINTIFF'S COMPLAINT
-
- Date: ______
- Time: ______
- Place: ______
- Trial Date: _____
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To all parties and their attorneys of
record:
PLEASE TAKE NOTICE that on __________
[date], at __________
[time], or as soon thereafter as the matter can be heard, in
__________ [Department __ or the Law and Motion Department] of
this court, located at __________ [address], defendant,
__________ [name], will move the court for an order striking
the
__________ [First and Third or as the case may be] Causes of
Action of the complaint on file in this action. This motion is
made under sections 435-437 of the Code of Civil Procedure on
the grounds that __________ [specify recognized grounds for
motion, such as: the allegations of these causes of action are
__________ (irrelevant or false or are not drawn in conformity
with __________ (statute or rule)) or the cause of action is
not
recognized in this state and thus is unauthorized as a matter
of
law].
The motion will be based on this notice
of motion, the
memorandum of points and authorities that accompanies this
notice, the pleadings and records on file in this action, and
such oral and documentary evidence as may be presented at the
hearing.
Dated __________.
______________________________
[Signature]
