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

Motion To Strike Form For Untimely Filing In Contra Costa

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Contra Costa

Control #:

US-00004BG-I

Format:

Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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

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.

All opposition papers must be filed and served at least 9 court days before the hearing. CCP § 1005 (b) (amended eff 1/1/23).

Notice of most types of motions, and the papers that support the motion, must be filed with the court and served on all other parties at least sixteen (16) court days before the scheduled hearing date of the motion.

If the two sides cannot reach an agreement, the defendant has to file and serve the demurrer or motion to strike within the deadline (usually 30 days) for responding to the Complaint. The other side then gets a chance to file a response before a court date where the judge will make a decision.

What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.

Please tell us as much as you can about what you are looking for, and tell us how we can reach you, including by email. Fill out and send a Request for Judicial Administrative Records form to the Public Information Officer by fax at (925) 608-2658 or by email at: mediainfo@contracostaurts.ca.

A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.

Under Code of Civil Procedure § 437c(c), a motion for summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law." (Code Civ. Proc. § 437c(c).)

More info

If payment is not received in 10 days, the Court will strike the filing. How do I e-file a motion to file a document conditionally under seal?Grounds for demurrer or motion to strike are premature. Motion to Strike Late Filed Amended Pleading. This HowTo Guide addresses the steps for filing and serving motions in general civil cases in Contra Costa County Superior Court. Request for Judicial Notice Defendant requests judicial notice of pleadings from Contra Costa County Superior Court case number C17‐00462. 3 On September 9, Fanaro moved to strike the County defendants' Reply because it was filed one day late. Time of filing of the issue conference statement, a settlement statement in the form and content described in Local Rule 8 (B) (1). The Civil Unit's mission is to receive, document, prepare, and execute all civil processes in a professional and timely manner. A Guide to Resources in the Law Library.

Motion To Strike Form For Untimely Filing In Contra Costa

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