Sample Motion to Strike an Eviction Complaint in California
This sample motion to strike an eviction complaint in California is used when the plaintiff has not verified the complaint, or the complaint is improperly verified by an attorney in violation of Code of Civil Procedure section 446, is requesting rent, damages or attorney fees they are not entitled to. This sample has just been updated as of January 17, 2017, is 15 pages including an expanded and revised memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail. The author is a freelance paralegal who 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.