PRETRIAL ADJUDICATION
...Motion to Strike
......Timing of Motion
8 Cards On This Topic:
  • File mot’n to strike within 30 days after service of complaint or cross-complaint (except on ct’s own motion or order to extend).
  • Service and filing notice of motion to strike without demurring, time to answer extended and no default entered against that D, except as in Code Civ. Proc. §585 & Code Civ. Proc. §586.
  • The filing of a notice of motion to strike an answer or complaint, or portion thereof, shall not extend the time within which to demur.
  • Motion to strike inappropriate where Ps entitled to amend complaint once without leave of ct. under Code Civ. Proc. §472.
  • If judgment on the pleadings granted with leave and amended pleading untimely or defective, other party shall move to strike pleading and enter judgment in its favor.
  • Amended complaint may be stricken by motion where filed without permission.
  • May be filed together with demurrer where grounds for both exist.
  • Filing of motion to strike after D answered was not timely as not within time allowed to respond.