[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Job Title] [Court Name] [Court Address] [City, State, ZIP Code] Re: [Plaintiff's Name] v. [Defendant's Name] Case Number: [Case Number] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing as the attorney representing the defendant, [Defendant's Name], in the above-mentioned case. Today, I am submitting this letter as a formal motion to strike the plaintiff's amended complaint. This motion to strike is necessitated by numerous deficiencies and faults found within the plaintiff's amended complaint, which warrant its removal from the court record. The following points will provide a detailed explanation of the shortcomings of the plaintiff's amended complaint: 1. Lack of Legal Basis — The plaintiff's amended complaint fails to establish a valid legal basis for their claims against my client. It does not adequately address the required elements to prove negligence, breach of contract, or any other alleged causes of action. 2. Insufficient Factual Allegations — The plaintiff's amended complaint lacks sufficient factual allegations to support their claims. It lacks necessary details, fails to provide a clear timeline of events, and omits crucial information required to establish a prima facie case against the defendant. 3. Violation of Specificity Requirement — The plaintiff's amended complaint fails to meet the specificity requirements outlined in [Local Court Rule/Code]. It lacks clarity in explaining the specific acts or omissions allegedly committed by the defendant, making it challenging for my client to prepare an adequate defense. 4. Failure to State a Claim — The plaintiff's amended complaint does not properly state a claim upon which relief can be granted. It does not articulate a viable cause of action that is recognized under the applicable law. Based on the above stated deficiencies in the plaintiff's amended complaint, I, on behalf of the defendant, hereby request the court to grant this motion to strike and strike the plaintiff's amended complaint in its entirety. Furthermore, I respectfully request an oral hearing to present additional arguments and discuss the legal issues involved in this matter. This hearing will provide an opportunity for both parties to present their arguments and ensure a fair and impartial assessment of the case. Please let me know of any further instructions or requirements regarding this motion to strike. I am available at your convenience to provide any additional information or clarification required. Thank you for your time and attention to this matter. I look forward to your favorable response. Sincerely, [Your Name] [Your Law Firm Name] [Your Law Firm Address] [City, State, ZIP Code] [Email Address] [Phone Number]
Alameda California Sample Letter for Motion to Strike Plaintiff's Amended Complaint
Description
How to fill out Alameda California Sample Letter For Motion To Strike Plaintiff's Amended Complaint?
Laws and regulations in every sphere differ around the country. If you're not a lawyer, it's easy to get lost in a variety of norms when it comes to drafting legal documents. To avoid pricey legal assistance when preparing the Alameda Sample Letter for Motion to Strike Plaintiff's Amended Complaint, you need a verified template valid for your county. That's when using the US Legal Forms platform is so advantageous.
US Legal Forms is a trusted by millions web library of more than 85,000 state-specific legal forms. It's an excellent solution for specialists and individuals looking for do-it-yourself templates for different life and business occasions. All the forms can be used many times: once you pick a sample, it remains available in your profile for further use. Thus, when you have an account with a valid subscription, you can simply log in and re-download the Alameda Sample Letter for Motion to Strike Plaintiff's Amended Complaint from the My Forms tab.
For new users, it's necessary to make a couple of more steps to obtain the Alameda Sample Letter for Motion to Strike Plaintiff's Amended Complaint:
- Take a look at the page content to ensure you found the appropriate sample.
- Take advantage of the Preview option or read the form description if available.
- Look for another doc if there are inconsistencies with any of your requirements.
- Use the Buy Now button to obtain the template once you find the proper one.
- Choose one of the subscription plans and log in or create an account.
- Select how you prefer to pay for your subscription (with a credit card or PayPal).
- Pick the format you want to save the file in and click Download.
- Complete and sign the template in writing after printing it or do it all electronically.
That's the easiest and most economical way to get up-to-date templates for any legal purposes. Locate them all in clicks and keep your paperwork in order with the US Legal Forms!
Form popularity
FAQ
In the Rutter Guide, paragraph 6.1, Motion to strike answer, stated: The only pleading allowed to an answer is a demurrer (which must be filed within 10 days after service . . .). Thus, a motion to strike an answer must be filed within the same period of time.
A motion to strike must be brought within the time allowed to respond to a pleading. CCP § 435 (b)(1). A motion to strike a complaint or cross-complaint must be brought within thirty (30) days of service of summons. CCP A§ 412.20 (a)(3).
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. v.
A plaintiff can file a motion to voluntarily dismiss the case before the defendant has filed their answer. After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case.
(a) Motion and opposition (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd (a) amended effective January 1, 2007.)
No, you do not need a new summons for an amended complaint. You shouldn't have to pay an additional filing fee, either. However, you need to make sure that amended complaints are served within the rules for service of process in your jurisdiction.
2011) 192 Cal. App. 4th 742, 749. However, a demurrer to an answer must be filed and served within ten (10) days after service of the answer, unless the court orders otherwise.
(2) The parties shall meet and confer at least five days before the date a motion to strike must be filed.
