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Motion
Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Motion To Strike Without Leave To Amend In Alameda

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Alameda

Control #:

US-00002BG-I

Format:

Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Demurrers typically come in two forms: general and specific. A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue.

(2) The term "pleading" means a demurrer, answer, complaint, or cross-complaint. (b) (1) Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivision (e).

Or just file it before the hearing. (Under Code Civ. Proc., § 472, if the complaint has not yet been amended, you can file an amendment complaint as of right, right up until the date set for hearing on the demurrer.

472c. (a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making such an order is open on appeal even though no request to amend such pleading was made.

(a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making such an order is open on appeal even though no request to amend such pleading was made.

A demurrer must state, on the first page immediately below the number of the case, the name of the party filing the demurrer and the name of the party whose pleading is the subject of the demurrer. (Subd (e) amended and relettered effective January 1, 2007; adopted as subd (c).)

C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.

A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.

A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.

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A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed. The Court should sustain MWD's demurrers and grant its motions to strike without leave to amend. ARGUMENT.Is SUSTAINED without leave to amend. The Court has created a Document Finder tool to help filers choose the right document type that matches their filing. Must the "Notice of Motion and Motion" be filed as separate PDFs? No party may notice a motion for reconsideration without first obtaining leave of Court to file the motion. Cross Reference See Fed. A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed. In its most recent order, the Court granted Klahn leave to amend two claims against the County of Alameda. Defendants' demurrer is sustained without leave to amend.

Motion To Strike Without Leave To Amend In Alameda

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FAQ

What are the two types of demurrer?

Can you file a motion to strike after filing an answer California?

Can you amend a complaint while a demurrer is pending?

Can demurrer be sustained without leave to amend in California?

Can you demurrer without leave to amend in California?

What is required for a demurrer in California?

What are the grounds for motion to strike?

Can you amend a motion in California?

What is the difference between a motion to dismiss and a motion to strike?

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