1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION TO STRIKE
) PORTIONS OF PLAINTIFF’S COMPLAINT;
13 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF _________
14 Any Defendant, and DOES 1-5 ) REGARDING COMPLIANCE WITH MEET AND
) CONFER REQUIREMENTS OF CODE OF CIVIL
15 Defendants. ) PROCEDURE § 435.5(a)
)
16 ) DATE:
) TIME:
17 ) DEPT:
)
18 )
)
19

20
To subscribe to my FREE weekly legal newsletter visit
21
http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail
22

23 address.
24
To view sample document packages sold by LegalDocsPro visit:
25

26 http://www.legaldocspro.net
27

28
Be sure to remove these notices before using this document.

- 1 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
 1 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:
2
PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon
3
after that as the matter can be heard, in Department, ___ of the above-entitled court located at
4
_____________________________________________, Defendant,
5

6 ___________________________________________________________, (hereinafter referred to

7 collectively as “Moving Defendants”) will move this Court for an order striking portions of the
8
Complaint of Plaintiff (“Plaintiff”), on file herein, namely the portion on Page 3 of the complaint, in
9
the prayer portion, at lines 20 and 21, where it requests “with interest thereon at the rate of ten
10
percent (18%) per annum from _____.”, and the portion on Page 3 of the complaint, in the prayer
11

12 portion, at line 22, where it requests, “For costs of collection and reasonable attorney fee in the sum

13 of $1,000.” The grounds for this Motion to Strike are set forth below.
14 MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
15
This Motion to Strike is made pursuant to Code of Civil Procedure §§ 435-437 on the grounds
16
that nowhere in the complaint does plaintiff allege facts sufficient to entitle them to recover the 18%
17

18
interest that they are requesting, nor the costs of collection and reasonable attorney fee in the sum of

19 $1,000.00, the portions to be stricken are:

20 1. The portion on Page 3 of the complaint, in the prayer portion, at lines 20 and 21,
21
where it requests “with interest thereon at the rate of ten percent (18%) per annum from ______.”
22
2. The portion on Page 3 of the complaint, in the prayer portion, at line 22, where it
23
requests, “For costs of collection and reasonable attorney fee in the sum of $1,000.”
24

25 This motion to strike is based upon this notice and the attached motion to strike, the attached

26 memorandum of points and authorities in support thereof, the attached declaration of __________
27
regarding compliance with the meet and confer requirements of Code of Civil Procedure § 435.5(a),
28

- 2 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
 1 the complete court records on file in this action and upon such other further written or oral evidence
2 which may be presented at the time of hearing of this motion.
3
Dated________________ _______________________________________________
4 ANY ATTORNEY OR PARTY
5
To purchase the entire 10 page document visit:
6

7 https://legaldocspro.myshopify.com/products/sample-motion-to-strike-
8
for-california
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 3 -
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT