[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Opposing Counsel's Name] [Opposing Counsel's Address] [City, State, Zip] Re: Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint Dear [Opposing Counsel's Name], I hope this letter finds you well. I am writing to bring to your attention the serious concerns regarding the adequacy and validity of Plaintiff's Amended Complaint and Second Amended Complaint in the above-captioned case. Subsequently, I am hereby filing a Motion to Strike these aforementioned complaints on behalf of [Your Client/Defendant's Name]. The basis for this Motion to Strike arises from the following grounds: 1. Lack of Legal Sufficiency: It is evident upon a thorough review that Plaintiff's Amended Complaint and Second Amended Complaint fail to assert a valid cause of action against our client. The pleadings lack the necessary elements and factual allegations required to support the asserted claims. The complaints are ambiguous, contain legal conclusions presented as factual allegations, and fail to provide any specific factual basis connecting our client's alleged wrongdoing with the claims being asserted. As such, both the Amended Complaint and Second Amended Complaint should be stricken for lacking legal sufficiency. 2. Violation of Court's Orders: It has become apparent that Plaintiff has repeatedly failed to comply with the Court's orders and guidelines regarding the filing and amendment of the complaint. Despite being granted leave to amend the original complaint, Plaintiff has continued to present defective and baseless pleadings. This blatant violation of the Court's instructions constitutes grounds for striking the Amended Complaint and Second Amended Complaint. 3. Undue Delay and Prejudice: Plaintiff's continued amendment of the complaint at this stage of the proceedings causes undue delay and prejudice to our client. The repetitive nature of amended complaints undermines the efficient progression of the case, resulting in unnecessary costs and burdens. This prejudicial effect upon our client is a further basis for the Court to grant our Motion to Strike. Given the aforementioned reasons, we respectfully request that the Court grant our Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint. Should the Court find it appropriate, we further request that Plaintiff be barred from filing any further amended complaints without a showing of exceptional circumstances. Please indicate your position on this matter promptly, and kindly confirm whether you will stipulate to the Motion to Strike. We believe that striking these complaints as requested will serve the interests of justice and facilitate a more expeditious resolution of this case. Thank you for your attention to this matter. We appreciate your timely response. Sincerely, [Your Name] [Your Law Firm's Name] [Your Law Firm's Address] [City, State, Zip]
Contra Costa California Sample Letter for Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint
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FAQ
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.
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.
If you are bringing a motion to strike a complaint, the motion cannot be brought after an answer or demurrer is filed, however, the motion may be brought concurrently with a demurrer.
An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
Generally, a complaint or cross-complaint shall not be amended more than three times in response to a demurrer, unless the pleading party can argue that additional facts can be pleaded such that there is a reasonable possibility the defect can be cured to state a cause of action.
2022 California Rules of Court (3) "Amendment to a pleading" means a pleading that modifies another pleading and alleges facts or requests relief materially different from the facts alleged or the relief requested in the modified pleading.
Amendments of Complaints and Petition. - Complaints may be amended once as a matter of right before the respondent files a responsive pleading thereto. The same rule applies to petitions which implead a respondent.
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.
Demurrer. A party may amend the pleading complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer or motion to strike, demurrer, 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.
An amended pleading is a pleading that is entirely rewritten pertaining to matters of substance, and is used in place of, and supersedes the original pleading; an amended Complaint should be verified the same as the original Complaint and a Summons issued and served on un-served defendants, and time to answer or
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