PRETRIAL ADJUDICATION
...Motion to Strike
......Defective Motions
6 Cards On This Topic:

Filing of motion to strike after D answered was not timely; however, motion treated as motion for SJ based on facts and decls outside pleadings.

Motion for ’partial summary judgment,’ not motion to strike, appropriate where responsive party’s claim not supported by facts sufficient to present triable issue.

Though brought as speaking motion to strike (affidavits w/facts outside pleadings), ct. treated same as SJ mot’n and reversed.

SJ, not motion to strike, is proper way to attack complaint as sham.

Summary judgment motions.

Motion to strike for failure to state cause of action treated as motion for judgment on pleadings, as strike motion technically improper when based on grounds reserved for demurrer.