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.