PRETRIAL ADJUDICATION
...Motion to Strike
......False or Sham Pleadings
4 Cards On This Topic:
  • Trial court [still] has authority to strike sham pleadings; i.e., complaint filed in attempt to evade prior ruling sustaining demurrer without leave to amend.
  • The term "false" as used in Code Civ. Proc. §436 means "contrary to fact or truth," and false pleadings may be stricken.
  • The term "false" as used in Code Civ. Proc. §436 means "contrary to fact or truth," and false pleadings may be stricken.
  • Where ct. sustained demurrers to identical complaints previously, complaint properly stricken as sham.