PRETRIAL ADJUDICATION
...Motion to Strike
......Striking Part of Complaint
9 Cards On This Topic:

Irrelevant, false or improper matters in pleading or one not drawn or filed in conformity with Cal. laws, ct. rule or ct. order, are grounds for motion to strike.

Error to grant attys' motion to strike where CC 1714.10 does not impede P's pursuit of potentially meritorious claims against a law firm that allegedly conspired to abscond with clients' assets.

No error in striking IIED or loss of companionship allegations re P's dog, who died as result of alleged vet malpractice.

Trial court correctly handled D’s motion to strike under class cert. guidelines, properly receiving evidence on issue and exercising its discretion in denying class cert; Ps fully able to conduct discovery after notice.

Trial court erred in striking City’s claim for punitive damages.

As Ps entitled to seek both punitive damages for invasion of privacy and statutory wiretapping penalties, motion to strike punitive damages allegation should not have been granted.

Ct. has discretion to strike allegations of damages pertaining to claim which fails to state cause of action.

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

Notice of motion to strike shall be given within time allowed to plead, and noticed for hearing and heard at same time as demurrer.