Site Loader
330 N D St, Ste 508, San Bernardino, CA 92401
330 N D St, Ste 508, San Bernardino, CA 92401

“Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. Complaints, cross-complaints, answers and demurrers are all subject to a motion to strike. Moreover, a motion to strike can be used to attack the entire pleading, or any part thereof—i.e., even single words or phrases [unlike demurrers]. If the defendant has not previously appeared in the action, filing a motion to strike the complaint constitutes a general appearance [thus subjecting defendant to the court’s personal jurisdiction]. So long as the motion is timely filed, no default can be taken while a motion to strike is pending. Defendant need not answer the complaint until after his or her motion is denied. A motion to strike any pleading must be filed ‘within the time allowed to respond to a pleading’—e.g., 30 days after service of the complaint or cross-complaint unless extended by court order or stipulation. Where there are grounds both for demurring and moving to strike, the two documents must be filed together and noticed for the same hearing. Filing a motion to strike does not extend the time within which to demur. Motions to strike and demurrers should be filed as separate documents.”

[California Practice Guide: Civil Procedure Before Trial [citations to primary sources omitted]]

Post Author: lawofficesofjamesrdickinson