PRETRIAL ADJUDICATION
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Motion to Strike
......Timing of Motion
8 Cards On This Topic:
File mot’n to strike within 30 days after service of complaint or cross-complaint (except on ct’s own motion or order to extend).
Service and filing notice of motion to strike without demurring, time to answer extended and no default entered against that D, except as in Code Civ. Proc. §585 & Code Civ. Proc. §586.
The filing of a notice of motion to strike an answer or complaint, or portion thereof, shall not extend the time within which to demur.
Motion to strike inappropriate where Ps entitled to amend complaint once without leave of ct. under Code Civ. Proc. §472.
If judgment on the pleadings granted with leave and amended pleading untimely or defective, other party shall move to strike pleading and enter judgment in its favor.
Amended complaint may be stricken by motion where filed without permission.
May be filed together with demurrer where grounds for both exist.
Filing of motion to strike after D answered was not timely as not within time allowed to respond.