PRETRIAL ADJUDICATION
...Motion to Strike
......Grounds
8 Cards On This Topic:

Grounds must appear on face of complaint or from matter capable of judicial notice.

Motion to strike punitive damage wording properly denied where punitive damages allowed as a matter of law.

Substantive defect appearing on face of complaint but involving only portion of cause of action, subject to motion to strike, not demurrer.

Grounds for motion to strike must appear on fact of challenged pleading.

Motion to strike used to attack defects in pleadings not reachable by demurrer; motion to strike improper when based on grounds reserved for demurrer.

The term "false" as used in Code Civ. Proc. §436 means "contrary to fact or truth," and false pleadings may be stricken.

Conclusory allegations allowed when supported by facts; distinction between conclusions of law and ultimate facts not at all clear; at most a matter of degree.

Failure of complaint to state facts sufficient to constitute a cause of action is a ground for demurrer, not motion to strike insufficient counts.