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Sample Motion To Strike An Answer To A Complaint For California
Sample Motion To Strike An Answer To A Complaint For California
Any Street
2 Any Town, CA 55555
3 714-555-5555
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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.
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
25 3. The third affirmative defense alleging _______ on the grounds that this defense
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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
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Be sure to modify these paragraphs to suit your individual
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to your particular situation.
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an-answer-to-a-complaint-for-california
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NOTICE OF MOTION AND MOTION TO STRIKE ANSWER