Contra Costa California Sample Letter for Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint

• Category: Letters - Legal - Motions
• State: Multi-State
• County: Contra Costa
• Control #: US-0359LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [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]

[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]