Sample Motion to Strike for California

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This sample motion to strike for California is made under Code of Civil Procedure sections 435-437 and is used when the complaint is not drawn or filed in conformity with the laws of California such as it asks for more interest than the law allows, and also requests attorney fees when the complaint did not show that they were entitled to what they asked for.  The sample motion has been revised and updated in January 2018, is 10 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration regarding compliance with the meet and confer requirements of Code of Civil Procedure section 435.5(a) and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.