A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
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What is it? A motion to strike is a motion we file directed at a certain document filed by the other party. Our motion attacks the appropriateness of the other party even attempting to file that document in your case.
A motion to strike challenges the legal sufficiency of a pleading, and, consequently, requires no factual findings by the trial court. ... [The court takes] the facts to be those alleged in the complaint ... and [construes] the complaint in the manner most favorable to sustaining its legal sufficiency. ...
Primary tabs. A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...
Ing to Connecticut Practice Book section 10-39(a)(1), you may want to file a Motion to Strike if you feel that any allegation or cause of action in the Complaint is not legally sufficient, or that the claim fall short of what is needed or required under the law for the court to grant relief.
The "return day" is the date that begins the countdown for things taking place in. your civil case. The date of the return day controls: ? the day by which service of process (delivery of summons and com- plaint to the defendant(s)) must be completed by the State Marshal.
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.