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Sample motion to strike first amended complaint in California.

Sample motion to strike first amended complaint in California

$32.49 Sale

Sample motion to strike first amended complaint in California.

This sample motion to strike a first amended complaint in California is filed under Code of Civil Procedure sections 435 through 437 on the grounds that,

  • (1) the first amended complaint was filed after the deadline allowed for Plaintiff to amend their complaint;
  • (2) the first  amended complaint contains an unauthorized amendment, and
  • (3) the first amended complaint is filed in violation of the Court’s order in which it sustained the demurrer or motion to strike filed by Moving Defendants without leave to amend.

The sample requests that the the first amended complaint filed by Plaintiff should be stricken in its entirety, or in the event that the Court is inclined to grant leave to amend, that the Court order Plaintiff to pay the Moving Defendants their expenses incurred in bringing the motion to strike.

The sample motion has been revised and updated in 2019, is 11 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority,
  • Declaration regarding compliance with the meet and confer requirements of Code of Civil Procedure section 435.5(a), and
  • Proof of service.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty is provided.